Paramaanu (CEO) 11 March 2014
A small family owned / partnership within family business having 3-4 locations in same city in Maharashtra.
No location is having more than 10 employees.
Each location has indendent Shop Act Licenses.
Can the employees claim grauity ?
Any recent case laws ?
Kumar Doab (FIN) 11 March 2014
Count total employees. If it has been 10 then both the enactments are applicable and Gratuity is to be paid.
Payment of Gratuity Act 1972: Sec:1 (b) (c), 4A
The Payment of Gratuity (Maharashtra) Rules, 1972: APPLICABILITY, (5)
Paramaanu (CEO) 12 March 2014
Total workers in particular shop or workers of all other shops ?
Kumar Doab (FIN) 16 March 2014
Total employees in the establishment.
Check with the O/o Controlling Authority of Gratuity and Authority as in The Payment of Gratuity (Maharashtra) Rules, 1972.
They would be a phone call away in your city.
VARGHESE MATHEW (Retired Personnel Manager) 07 June 2014
If there is functional/financial and administrative integrity among all the locations and if the number of total employees is more than 10 then the employees can claim gratuity if they have 5 years service.
Varghese Mathew
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