Dear Ratan,
Section 53 of ESI Act, 1948 debars us from getting any compensation under any other Act(s). Section 53 may be read as under:
53.Bar against receiving or recovery of compensation or damages under any other law.—An insured person or his dependents shall not be entitled to receive or recover, whether from the employer of the insured person or from any other person, any compensation or damages under the Workmen’s Compensation Act, 1923 (8 of 1923), or any other law for the time being in force or otherwise, in respect of an employment injury sustained by the insured person as an employee under this Act.
R.N.Khola
From India, Delhi
422Section 53 of ESI Act, 1948 debars us from getting any compensation under any other Act(s). Section 53 may be read as under:
53.Bar against receiving or recovery of compensation or damages under any other law.—An insured person or his dependents shall not be entitled to receive or recover, whether from the employer of the insured person or from any other person, any compensation or damages under the Workmen’s Compensation Act, 1923 (8 of 1923), or any other law for the time being in force or otherwise, in respect of an employment injury sustained by the insured person as an employee under this Act.
R.N.Khola
From India, Delhi
Dear Mr. Ratatn,
An employee whose wage/salary is up to Rs. 15,000/- is to be covered under ESI. In case of death or permanent disablement, ESI will take care of the compensation part, and there will be no need to pay compensation under the Workmen's Compensation Act since dual benefit is not allowed.
Regards,
M. M. Rao
From India, Ahmadabad
An employee whose wage/salary is up to Rs. 15,000/- is to be covered under ESI. In case of death or permanent disablement, ESI will take care of the compensation part, and there will be no need to pay compensation under the Workmen's Compensation Act since dual benefit is not allowed.
Regards,
M. M. Rao
From India, Ahmadabad
In case of an employees' death (age 24 yrs) while on work, apart from compensation under ECA, how much gratuity is he eligible for in case he has worked only for 4 months with the company.
From India, Mumbai
From India, Mumbai
Dear Member, Then we are not to pay any gratuity to the nominee(s)/ heir(s) of the emploee under the Payment of Gratuity Act, 1972. R.N.Khola
From India, Delhi
From India, Delhi
Mr. Khola, I've read somewhere that in case of death, the company is liable to pay the gratuity until the age of 58 years, considering that the employee would have worked until the age of 58 years, irrespective of the tenure he has served with the company.
Please guide me on the amount of gratuity we are liable to pay to an employee who has served only 4 months and died at work. His total monthly salary was 40K, and the basic was 14K.
From India, Mumbai
Please guide me on the amount of gratuity we are liable to pay to an employee who has served only 4 months and died at work. His total monthly salary was 40K, and the basic was 14K.
From India, Mumbai
Dear Member,
This type of condition where the employer will grant gratuity considering the service period up to 58 years may be present in any insurance coverage, while I have given my opinion based on the Payment of Gratuity Act, 1972.
Regards, R N KHOLA
From India, Delhi
This type of condition where the employer will grant gratuity considering the service period up to 58 years may be present in any insurance coverage, while I have given my opinion based on the Payment of Gratuity Act, 1972.
Regards, R N KHOLA
From India, Delhi
Dear Khola,
I would like to reproduce the provision as follows: Sec. 4 Payment of Gratuity - (1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, - (a) on his superannuation, or (b) on his retirement or resignation, or (c) on his death or disablement due to accident or disease: Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement. As per Sudha's statement, "the death while on work" has been highlighted where the tenure of the worker is null & void, in other words, his nominee is entitled to Gratuity even if he worked for 4 months.
Regards, KIRAN KALE.
From India, Kolhapur
I would like to reproduce the provision as follows: Sec. 4 Payment of Gratuity - (1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, - (a) on his superannuation, or (b) on his retirement or resignation, or (c) on his death or disablement due to accident or disease: Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement. As per Sudha's statement, "the death while on work" has been highlighted where the tenure of the worker is null & void, in other words, his nominee is entitled to Gratuity even if he worked for 4 months.
Regards, KIRAN KALE.
From India, Kolhapur
Mr. Kale,
In continuation of the above discussion, now how much gratuity is he eligible for if he dies after 4 months (and in one more case one year) of joining? Will the gratuity amount be for 1 year or till 58 years of age? Though the Payment of Gratuity Act remains silent on this issue, is there any legal liability to pay the said gratuity?
One more thing I wanted to clarify is that a person who serves 10 years with the company and dies while on work, will he get the gratuity for 10 years or till the age of 58 years? Please advise!!
From India, Mumbai
In continuation of the above discussion, now how much gratuity is he eligible for if he dies after 4 months (and in one more case one year) of joining? Will the gratuity amount be for 1 year or till 58 years of age? Though the Payment of Gratuity Act remains silent on this issue, is there any legal liability to pay the said gratuity?
One more thing I wanted to clarify is that a person who serves 10 years with the company and dies while on work, will he get the gratuity for 10 years or till the age of 58 years? Please advise!!
From India, Mumbai
Dear Friends,
If an employee had an accident during off-duty hours resulting in a leg fracture and is currently on leave granted by the ESI doctor due to the fracture. After approximately 35 days of being on ESIC leave, he passed away from a heart attack at home during the night. He had worked for almost 8 months only.
Could one of our friends confirm what benefits his family (wife) would be eligible for from ESI, PF, and I believe compensation from the employer should not be applicable. Please advise.
K Pal
From India, New Delhi
If an employee had an accident during off-duty hours resulting in a leg fracture and is currently on leave granted by the ESI doctor due to the fracture. After approximately 35 days of being on ESIC leave, he passed away from a heart attack at home during the night. He had worked for almost 8 months only.
Could one of our friends confirm what benefits his family (wife) would be eligible for from ESI, PF, and I believe compensation from the employer should not be applicable. Please advise.
K Pal
From India, New Delhi
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(Fact Checked)-The family of the deceased employee would be eligible for benefits under ESI and PF. Compensation under the Employees' Compensation Act may also apply. (1 Acknowledge point)