Hello Seniors...kindly help me with this questions
1. After retirement an employee migrated to USA and he has given Power of Attorney to his wife. Whether she can claim gratuity? Give the reasons....
2. An employee was involved in misappropriation of the money of an establishment. The departmental inquiry was going on at that time he tendered his resignation to the employer and which was accepted. Since the employee was responsible for financial irregularity his gratutity was forfeited by written order passed by the management.
Is it legal order as per the payment of gratuity act 1972? give reasons
3.An employee who was casual employee resume his work at 8am in the establishment. He was doing manual work. After working for 7 hours suddenly he fell down and died. As per the post mortem report the cause of death was heartattack. Whether heart attack in such circumstances can be called as an accident?
Whether compensation is payable by the employer under the EC act, 1923.
4. An employee working in the establishment after the consumption of alcohol met with an accident. Whether any defense is available or not?
Who will have to prove that employee has consumed alcohol when he met with accident?
5. An application filed by adopted son, the second wife and a wife who got remarried after the death of his husband is she eligible to get compensation under EC Act, 1923
Waiting for valuable inputs from all seniors........
Thanks & Regards
Nitesh
From India, Surat
11. After retirement an employee migrated to USA and he has given Power of Attorney to his wife. Whether she can claim gratuity? Give the reasons....
2. An employee was involved in misappropriation of the money of an establishment. The departmental inquiry was going on at that time he tendered his resignation to the employer and which was accepted. Since the employee was responsible for financial irregularity his gratutity was forfeited by written order passed by the management.
Is it legal order as per the payment of gratuity act 1972? give reasons
3.An employee who was casual employee resume his work at 8am in the establishment. He was doing manual work. After working for 7 hours suddenly he fell down and died. As per the post mortem report the cause of death was heartattack. Whether heart attack in such circumstances can be called as an accident?
Whether compensation is payable by the employer under the EC act, 1923.
4. An employee working in the establishment after the consumption of alcohol met with an accident. Whether any defense is available or not?
Who will have to prove that employee has consumed alcohol when he met with accident?
5. An application filed by adopted son, the second wife and a wife who got remarried after the death of his husband is she eligible to get compensation under EC Act, 1923
Waiting for valuable inputs from all seniors........
Thanks & Regards
Nitesh
From India, Surat
Dear Nitesh ji,
Thanks for your questions which compelled me to make revision.
Here are the answers to your questions.
Power of Attorney is an authorization to represent or act on behalf of another person. It gives right to someone else to act legally on ones’ behalf. Therefore, in my view, the wife can only act on the behalf of the employee to claim the gratuity but she is not entitled to get the money in her name.
As per section 4(6) of POG Act, gratuity can be forfeited under certain circumstances. Under all the circumstances, termination of service is essential criteria. In the given case, there is no termination of service and therefore the gratuity can not be forfeited.
There are contradictory judgments by various courts in this regards. It is all depends on how the matter is represented. If it is established that the heart attack was due to stress and strain which arosed during the course of employment, then the compensation is payable as observed by Supreme Court in the case of Shanunthala Chandrakant (Appeal (civil) 4778 of 2006.
According to section 3(1)(b)(i), the employer is not liable to pay compensation if the injury does not result in death of the employee and the injury is caused by an accident which is directly attributed to the employee having been at the time of accident under the influence of drink or drugs.
So, in case of no death there is no defense.
The person who is liable to pay i.e. the employer has to prove that the employee was under the influence of drink or drugs at the time of accident.
In case of employment injury resulting in death, the compensation is payable to the dependents of deceased. Dependents means those relatives who are specified in section 2(1)(d). According to this section:
Adopted son is dependent; Widow is dependent.
Second wife if she is married to the deceased legally then there is no question of refusal. Also there is no question of refusal to the widow who is re-marring.
Hope I have answered you correctly.
From India, Mumbai
Thanks for your questions which compelled me to make revision.
Here are the answers to your questions.
Power of Attorney is an authorization to represent or act on behalf of another person. It gives right to someone else to act legally on ones’ behalf. Therefore, in my view, the wife can only act on the behalf of the employee to claim the gratuity but she is not entitled to get the money in her name.
As per section 4(6) of POG Act, gratuity can be forfeited under certain circumstances. Under all the circumstances, termination of service is essential criteria. In the given case, there is no termination of service and therefore the gratuity can not be forfeited.
There are contradictory judgments by various courts in this regards. It is all depends on how the matter is represented. If it is established that the heart attack was due to stress and strain which arosed during the course of employment, then the compensation is payable as observed by Supreme Court in the case of Shanunthala Chandrakant (Appeal (civil) 4778 of 2006.
According to section 3(1)(b)(i), the employer is not liable to pay compensation if the injury does not result in death of the employee and the injury is caused by an accident which is directly attributed to the employee having been at the time of accident under the influence of drink or drugs.
So, in case of no death there is no defense.
The person who is liable to pay i.e. the employer has to prove that the employee was under the influence of drink or drugs at the time of accident.
In case of employment injury resulting in death, the compensation is payable to the dependents of deceased. Dependents means those relatives who are specified in section 2(1)(d). According to this section:
Adopted son is dependent; Widow is dependent.
Second wife if she is married to the deceased legally then there is no question of refusal. Also there is no question of refusal to the widow who is re-marring.
Hope I have answered you correctly.
From India, Mumbai
One more question i would like to ask......please help me with the same
An employee during his life time nominated a wife as Nominee by filing a nomination form. On the death of such employee, mother also claimed the amount of gratuity, can she succeed and give reason and cite case laws......
From India, Surat
An employee during his life time nominated a wife as Nominee by filing a nomination form. On the death of such employee, mother also claimed the amount of gratuity, can she succeed and give reason and cite case laws......
From India, Surat
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