Dear Seniors,
Please help me to guide in a unique issue I have faced. There was one employee who nominated a girl mentioning her as his wife and that they got married in year 2008 (he mentioned a date) but did not submit any marriage proof. In 2012 the very employee passed away due to cardiac arrest. When we check about the nominee, it came to our notice that they did not get married but only when they were child their parents promised each other about their kids marriage in future. We also did not receive any application of Gratuity. After some time the father of deceased employee submitted an affidavit mentioning that the girl who was nominated by his deceased son has got married with someone else and the payment of Gratuity should be made to him as his deceased son and the girl never lived together.
Now what should we do as
1. Gratuity payment is not made even after 2-3 years of death of the employee
2. The deceased employee nominated a girl as his wife even when they actually did not get married
3. The father has submitted an affidavit but has not produced a "Legal Heir Certificate"
Kindly suggest what we can do
Regards,
Vijay
From India, Jaipur
Please help me to guide in a unique issue I have faced. There was one employee who nominated a girl mentioning her as his wife and that they got married in year 2008 (he mentioned a date) but did not submit any marriage proof. In 2012 the very employee passed away due to cardiac arrest. When we check about the nominee, it came to our notice that they did not get married but only when they were child their parents promised each other about their kids marriage in future. We also did not receive any application of Gratuity. After some time the father of deceased employee submitted an affidavit mentioning that the girl who was nominated by his deceased son has got married with someone else and the payment of Gratuity should be made to him as his deceased son and the girl never lived together.
Now what should we do as
1. Gratuity payment is not made even after 2-3 years of death of the employee
2. The deceased employee nominated a girl as his wife even when they actually did not get married
3. The father has submitted an affidavit but has not produced a "Legal Heir Certificate"
Kindly suggest what we can do
Regards,
Vijay
From India, Jaipur
Dear Vijay If a girl is not able to produce any documents & it is confirmed from your side that they were not actually got married. so you should pay gratuity amount to deceased father. Thanks.
From India, Pune
From India, Pune
Dear Vijay,
Sec.6(3) of the Payment of Gratuity Act,1972 explicitly declares the nomination of a person who is not a member of the family of the employee as void. When you have a genuine doubt about the nominee you ought to have rejected it when the employee was alive or you ought to have deposited the amount with the Controlling Authority under the Act to avoid interest burden as well as ensure payment to the family of the deceased. So deposit the amount u/s 7(4)(a) together with simple interest @ 10% from the date gratuity became due till the date of deposit.
From India, Salem
6018Sec.6(3) of the Payment of Gratuity Act,1972 explicitly declares the nomination of a person who is not a member of the family of the employee as void. When you have a genuine doubt about the nominee you ought to have rejected it when the employee was alive or you ought to have deposited the amount with the Controlling Authority under the Act to avoid interest burden as well as ensure payment to the family of the deceased. So deposit the amount u/s 7(4)(a) together with simple interest @ 10% from the date gratuity became due till the date of deposit.
From India, Salem
Succession certificate will be needed for disbursal of Gratuity.
The nomination made in favour of the "girl" is invalid-since she is not family member as defined in the act.
Suggestion of Shri Umakanthan to deposit amount of gratuity with controlling authority needs ot be done immediately till succession issue is sorted out.
From India, Pune
The nomination made in favour of the "girl" is invalid-since she is not family member as defined in the act.
Suggestion of Shri Umakanthan to deposit amount of gratuity with controlling authority needs ot be done immediately till succession issue is sorted out.
From India, Pune
Dear Vijay,
The payment of gratuity should be legally examined and paid. Ask please claimant to submit succession certificate and then make gratuity payment.
Regds,
RDS Yadav
Labour Law Adviser
navtaranghrs@gmail.com
From India, Delhi
The payment of gratuity should be legally examined and paid. Ask please claimant to submit succession certificate and then make gratuity payment.
Regds,
RDS Yadav
Labour Law Adviser
navtaranghrs@gmail.com
From India, Delhi
When the gratuity amount is deposited with the controlling authority, it is his responsibility to disburse the amount to the proper person.
From India, Salem
From India, Salem
Mr.Vijay,
I too agree with the conclusion opinion of our friend Mr.Umakanthan.M. To avoid any legal complications, it is advisable to deposit the amount payable to the successors of the deceased with the controlling authority as defined in the Payment of Gratuity Act.
Adoni Suguresh
Labour Laws Consultant
From India, Bidar
I too agree with the conclusion opinion of our friend Mr.Umakanthan.M. To avoid any legal complications, it is advisable to deposit the amount payable to the successors of the deceased with the controlling authority as defined in the Payment of Gratuity Act.
Adoni Suguresh
Labour Laws Consultant
From India, Bidar
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc