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
363Section 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.15000/- is to be covered under ESI. In case of death or permanant disablement ESI will take care of the compensation part and there will be no need to pay compensation under 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.15000/- is to be covered under ESI. In case of death or permanant disablement ESI will take care of the compensation part and there will be no need to pay compensation under 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, company is liable to pay the gratuity till the age of 58 yrs considering that the employee would have worked till the age of 58 yrs, irrespective of the tanure he has served with the company.
Please guide me what amount of gratuity we are liable to pay to an employee who has served only 4 months and died on work. his total monthly salary was 40K and basic was 14k.
From India, Mumbai
Please guide me what amount of gratuity we are liable to pay to an employee who has served only 4 months and died on work. his total monthly salary was 40K and basic was 14k.
From India, Mumbai
Dear Member,
This type of condition that employer will grant gratuity considering the service period up to 58 years may be there in any insurance coverage while I have given my opinion on the basis of the Payment of Gratuity Act, 1972.
Regards,
R N KHOLA
From India, Delhi
This type of condition that employer will grant gratuity considering the service period up to 58 years may be there in any insurance coverage while I have given my opinion on the basis of 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 payble 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 desease:
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 high lighted where the tenure of worker is null & void, in other words his nominee is entitled for 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 payble 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 desease:
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 high lighted where the tenure of worker is null & void, in other words his nominee is entitled for 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 yrs 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 that a person who serves 10 yrs with the company and deis while on work, will he get the gratuity for 10 yrs or till the age of 58 yrs? please advice!!
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 yrs 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 that a person who serves 10 yrs with the company and deis while on work, will he get the gratuity for 10 yrs or till the age of 58 yrs? please advice!!
From India, Mumbai
Dear Friends,
If some employee had an accident off duty hours and had fracture in his leg. He is on leave granted by the esi doctor due to fracture. after apprx 35 days of accident being on esic leave he is died of heart attack in night at home. He has almost work for 8 months only.
Could some of our friend confirm what benefits his family (wife) would be eligible from ESI, PF and I think compensation from employer should not be applicable. Please advise.
K Pal
From India, New Delhi
If some employee had an accident off duty hours and had fracture in his leg. He is on leave granted by the esi doctor due to fracture. after apprx 35 days of accident being on esic leave he is died of heart attack in night at home. He has almost work for 8 months only.
Could some of our friend confirm what benefits his family (wife) would be eligible from ESI, PF and I think compensation from employer should not be applicable. Please advise.
K Pal
From India, New Delhi
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