Legal Implications of Terminal Benefits in a Pending Homicide Case
An employee committed suicide, and the deceased's family has taken the husband of the deceased to court, alleging that he committed homicide. The trial is not yet completed, so there is no verdict on whether the death was a suicide or a homicide.
The nominee for the terminal benefits is the husband, as per the declaration. Can the father or mother of the deceased claim the terminal benefits directly from the employer, even though the nominee is the husband, who is the accused in the alleged homicide? Terminal benefits include P.F and Gratuity.
Sincerely,
Hursha
From India
Acknowledge(0)
Amend(0)
An employee committed suicide, and the deceased's family has taken the husband of the deceased to court, alleging that he committed homicide. The trial is not yet completed, so there is no verdict on whether the death was a suicide or a homicide.
The nominee for the terminal benefits is the husband, as per the declaration. Can the father or mother of the deceased claim the terminal benefits directly from the employer, even though the nominee is the husband, who is the accused in the alleged homicide? Terminal benefits include P.F and Gratuity.
Sincerely,
Hursha
From India
Acknowledge(0)Amend(0)
Legal Heir Certificate and Payment Guidance
To avoid unnecessary legal issues, ask them to obtain a legal heir certificate so that you can pay those people. If one or more people approach, don't pay anybody. Instead, ask them to get the issue cleared by the court before making any payments. In the meantime, it's advisable to inform the concerned labor department officials to prevent any potential issues.
Regards,
Kamesh
From India, Hyderabad
Acknowledge(0)Amend(0)
191To avoid unnecessary legal issues, ask them to obtain a legal heir certificate so that you can pay those people. If one or more people approach, don't pay anybody. Instead, ask them to get the issue cleared by the court before making any payments. In the meantime, it's advisable to inform the concerned labor department officials to prevent any potential issues.
Regards,
Kamesh
From India, Hyderabad
Acknowledge(0)Amend(0)
As far as gratuity is concerned, if the amount your company is obligated to pay as gratuity falls under the Payment of Gratuity Act, then deposit the amount with the Controlling Authority as stipulated by the Act. Otherwise, you may be required to pay interest.
With regards,
From India, Madras
Acknowledge(1)Amend(0)
With regards,
From India, Madras
Acknowledge(1)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Legal heirs and not nominee alone entitled to terminal benefits - Madras HC 8.9.2016.pdf