Application of Payment of Gratuity
Querist :
Anonymous
(Querist) 26 July 2011
This query is : Resolved
Dear Santos Ji
P.G. Act is not applicable in Your Case. As per sub Section 3 of Section 1 of Payment Of Gratuity Act apply to
As Payment of Gratuity Act shall apply to to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months; which is as under:
Section: 1
Short title, extent, application and commencement.
(1) This Act may be called the Payment of Grataity Act, 1972.
(2) It extends to the whole of India:
Provided that in so far as it relates to plantations or ports, it shall not extend to the State of Jammu and Kashmir.
(3) It shall apply to¬ -
(a) every factory, mine, oilfield, plantation, port and railway company;
(b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months;
(c) such other establishments or class of establishments, in which ten or more employees are employed, or were employed, or, any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf.
(3A) A shop or establishment to which this Act has become applicable shall continue to be governed by this Act notwithstanding that the number of persons employed therein at any time after it has become so applicable falls below ten.]
(4) It shall come into force on such date as the Central Government may, by notification, appoint.
