Advocate Girish Jayram

The Payment of Gratuity Act, 1972 APPLICABILITY The Act applies to: a.     Every factory (as defined in Factories Act), mine, oil, field plantations, port & railway company. b.     Every shop or establishment in which TEN or more persons are/were employed. c.     Such other establishment in which ten or more employees employed or were employed on any day of the preceding 12 months. ELIGIBILITY OF EMPLOYEES The following persons are entitled to the benefits under the Act. a.     Any person [NOT Being an Apprentice] employed for wages in any kind of work (manual or otherwise) or in connection with work of factory, mine, plantation, oilfield, railway company, port or other establishment; and b.     At the time of retirement, resignation/termination, an employee should have rendered continuous service of not less than 5 years. c.     In case of death or disablement, the ...

The formerly known ‘Workmen’s Compensation Act, 1923,’ is now known as ‘Employee’s Compensation Act, 1923, and is an important enactment as it introduced a kind of social security scheme for the workers of this country. It enables an employee in the case of injury and his dependents in the case of his death, to claim the compensation at the cost of his employer organisation for such employment injury/ death. APPLICABILITY The Act applies to every employer:                       i.         Which includes any body of persons whether incorporated or not and any managing agent of an employer and the legal representative of a deceased employer; AND                      ii.         When the services of a empl...