Dear friends,
In case of death of an employee, gratuity is to be paid to the legal heir if the employee had not submitted nomination form. Now the question is what document the company should insist from the claimant to prove that he is the legal heir of the deceased employee? Should the company ask for succession certificate of a court? Pl. advise.
Thanks in advance,
From India, Malappuram
1444In case of death of an employee, gratuity is to be paid to the legal heir if the employee had not submitted nomination form. Now the question is what document the company should insist from the claimant to prove that he is the legal heir of the deceased employee? Should the company ask for succession certificate of a court? Pl. advise.
Thanks in advance,
From India, Malappuram
Dear Mr.Agrawal
For the area in which your company is situated, there will be a Controlling Authority under the Payment of Gratuity Act. Usually the Controlling Authority under the PG Act is an officer of the Labour Department of the State Government or the Central Government. You deposit the amount of gratuity with the Controlling Authority and ask him to disburse the amount. This is a legally permissible procedure.
With regards
From India, Madras
For the area in which your company is situated, there will be a Controlling Authority under the Payment of Gratuity Act. Usually the Controlling Authority under the PG Act is an officer of the Labour Department of the State Government or the Central Government. You deposit the amount of gratuity with the Controlling Authority and ask him to disburse the amount. This is a legally permissible procedure.
With regards
From India, Madras
Rightly said Mr Harikrishnan sir, i just remembered my training on LTA, TA & other benefits and our mentor / faculty mentioned that in such cases of disputes the court proceedings took a long time and after the announcement was made the comapany or organization was required to pay some interest on the delayed period, because today it is 3 lakhs and after 5 years it will have some interest accumulated with it, so best it today you deposit 3 lakhs with the court / authority and ask them to take decision to disburse to right heir.
That faculty during training also mentioned one real incident of funny case of one employee who after his death had 3 women (with whom he had earlier married, affairs etc ) and some 5 children and the court had to give them share and pension also they got, all children were given pension till age of some 18 or 25 yrs , it was some rare case of olden times, and nowadays everyone makes sure nominations etc are made perfect..
Also during joining if you have his / her personal file you can look for family details, and get information from his colleagues, usually depending on nature of employee you can be sure that gratuity to be given to wife, else if wife is not there then kids.
Because if you can take decision lots of things can be avoided and also we should understnd one family is in sorrow ,,
after my father expired our house property was in his name and in house property there is no nomination facility then when we went to registrar office to get it transferred to our name he told u get succession certificate from court, also approached one lawyer he told that it will take some 4-5 months we have to put some notice in papers and ask if anyone objection please come, etc, we thought since we were out of state people someone might cause problem, but we were living in aurangabad since 20+ years so caught of one person living in our locality retired from registrar office and changed name by just giving affidavit that we are legal heirs to this property and bribe, now name changed also and we also sold property successfully more than 2 yrs ago,, so indian laws are too complex,,
From India, Madras
That faculty during training also mentioned one real incident of funny case of one employee who after his death had 3 women (with whom he had earlier married, affairs etc ) and some 5 children and the court had to give them share and pension also they got, all children were given pension till age of some 18 or 25 yrs , it was some rare case of olden times, and nowadays everyone makes sure nominations etc are made perfect..
Also during joining if you have his / her personal file you can look for family details, and get information from his colleagues, usually depending on nature of employee you can be sure that gratuity to be given to wife, else if wife is not there then kids.
Because if you can take decision lots of things can be avoided and also we should understnd one family is in sorrow ,,
after my father expired our house property was in his name and in house property there is no nomination facility then when we went to registrar office to get it transferred to our name he told u get succession certificate from court, also approached one lawyer he told that it will take some 4-5 months we have to put some notice in papers and ask if anyone objection please come, etc, we thought since we were out of state people someone might cause problem, but we were living in aurangabad since 20+ years so caught of one person living in our locality retired from registrar office and changed name by just giving affidavit that we are legal heirs to this property and bribe, now name changed also and we also sold property successfully more than 2 yrs ago,, so indian laws are too complex,,
From India, Madras
Dear Member,
If no nominee is available, or nomination was not made by the deceased employee it is responsibility of the employer to deposit such amount with the controlling authority under Gratutity Act, where it is the authority may be Central or State Government. Later, the legal heir suppose to produce the rigt of claim with the controlling authority. The employer is not liable to hold or forfeit the payment on the grounds of no claim made by the legal heir of the deceased employee.
From India, Madras
If no nominee is available, or nomination was not made by the deceased employee it is responsibility of the employer to deposit such amount with the controlling authority under Gratutity Act, where it is the authority may be Central or State Government. Later, the legal heir suppose to produce the rigt of claim with the controlling authority. The employer is not liable to hold or forfeit the payment on the grounds of no claim made by the legal heir of the deceased employee.
From India, Madras
Hi In My Opinion The Transaction of Alms Act has bogus it bounden on the allocation of employer to get nominations from all admiral who acquire completed one year of service. The purpose aback this accouterment is that if any abettor dies, his dependents/ nominees should get alms afterwards adeptness hassles. If the employer is to accordance alms to admirers of a comatose abettor who formed for below than one year or two months, as in the afire case, there could acquire a accouterment that best should be calm from an abettor as and if he joins the establishment, like ESI or EPF. In the absence of it and aback there is a accouterment that best is to be calm from admiral who acquire completed one year of service, the canon of transaction of alms to admirers of abettor who died afore one year of annual is doubtful.
From India, Chennai
From India, Chennai
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc