Dear Seniors,

I request you to help me with this case:

An employee has died leaving two minor nominees behind.With regard to gratuity payment,what should I do?

A legal heir of an employee is eligible for payment of gratuity under the second proviso to Sub.section (1) of Section 4 & second proviso of Sub.section 1 of Section 6 of the Payment of Gratuity Act, 1972 :“Provided further that in the case of death of the Employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority.”

The deposition of the share of the two minor legal heirs is to be invested for the benefit of them in a bank or a financial institution until the minors attains majority.

Should I send cheque to Assistant Labour Commissioner ?

Cheque will be in favour of whom?

Please do respond!

Thank you!

From India, Raipur
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