Dinesh Divekar
Business Mentor, Consultant And Trainer
Boss2966
Industrial Relations
Kamalkantps
Advocate
JAWEDALAM
Ir & Contract Labour Management
Kishorpp
Statutary Consultant
Industrialhr
Asst. Manager - Hr
Nathrao
Insolvency N Gst Professional
Sushilkluthra@gmail.com
Consultant In Legal Matters
+2 Others

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
Dear All,
we have faced biggest problem in one of our employee death last Month on November - 2011, he married in August - 2010 but he didnot changed his Nomination after marriage, but today he having family means his wife and his 5months child, but in PF Nomination Form 2 he nominated his mother, in this case after a long studied about act and we get that If a member has a family at the time of making a nomination, the
nomination shall be in favour of one or more persons belonging to his family.
Any nomination made by such member in favour of a person not belonging to his
family shall be invalid.
Provided that a fresh nomination shall be made by the member on his
marriage and any nomination made before such marriage shall be deemed to be
invalid.

Dear Kishore
It is always considered that for Unmarried persons the Nominee will be Father and/or Mother and for Married Persons Wife and children and then Parents. If the legal heir of the deceased is available then as per that wife and 2 other members will be entitled for PF Pension. That's the reason we used to give wife, youngest 2 children or mother then finally father and the eldest son.
Thank you Kishore for passing good information to our members.

Hi Kishor,
In my openion we need the understand the santance once again
Provided that a fresh nomination shall be made by the member on his
marriage and any nomination made before such marriage shall be deemed to be
invalid
I think this means - Nomination made before the marriage shall stand invalid once the fresh nomination made after marriage (See the word provided). In case no nomination made after marriage than nomination made before marriage shall stand valid.

Dear Kishor, Can you please quote specific paragraph No and Clause No of the Act wherein it is mandatory to change the nominee after marriage of the employee? Thanks, DVD
Dear Dhillon,
"In case no nomination made after marriage than nomination made before marriage shall stand valid." is not right because its right of HR to submit the fresh nomination of their employees in EPF office after the marriage; but if it is not done then automatically nominee will be wife of the employee. for claiming the EPF amount after the death of employee only spouse and children are liable to claim any amount ( after marriage).

If a member is married and even if no fresh nomination is submitted, the wife automatically becomes the nominee and any nomination made prior to his marriage is invalid. Hence the wife and the child are eligible to get his PF amount after the sad demise of the member.
Whether there is any nomination or not, legally wedded wife becomes legal heir and thus legal claimant for PF benefits in case of death of an employee.
This has been confirmed in a number of judgements delivered by courts in India.
regards,
Kamal

I think it is not yet clarified, because usually in my older company as soon as employee gets married we used to give him fresh nomination forms so that he can change the nomination and give if he wishes, but if he does not submit nomination after marriage his parents / persons whom are mentioned in the first nomination form will be valid. Because wife can kill husband for money and take / claim PF benefits also.
If wife goes to court against the decision of the company, company will be in trouble. The theory of legal heir is applicable in all circumstances.
I agreed with Mr. Kamal
Whether the Previous Nomination was done for any number of persons, if a member got married then his previous nomination will become invalid and his wife will be his legal heir and will be the sole claimant of PF benifits inspite of the fact that he has not done any nomination for her.
As rightly said informed by Mr. Kamal that different courts have given judgement on this.
However in case of Gratuity in similar type of case, the court has ordered for 50% and 50% amount of gratuity for nominated persons and wife.
But in case of PF, a widow will be sole claimnt of PF benifits in case of death of an employee.
Regards.
Jawed Alam.


Please Login To Add Reply






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2020 Cite.Co™