Mr. x has a manufacturing company having 100 employees. outside the premises of the factory the owner has opened commercial establishments employing 3 people. so i want to know if there is any provision which which says that the commercial establishment employees can get gratuity. please help urgent
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Gratuity act
Replies (2)
Accoriding to section 1 (3) (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;
IN MR.X CASE
there is only 3 employees there fore the act is not applicable to MR.X's commercial establishment
EXPL: an establishment should have 10 or more employee. not the employer (owner) of the establishment..
each establishment is different in consideration even though the owner is same
is there any case law regarding the same that you are saying. it will be really helpful if you could help me with that.
thank you
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