Umakanthan53
Labour Law & Hr Consultant
Harsh Kumar Mehta
Consultant In Labour Laws/hr
[email protected]
Retired Government Servant/advocate
+1 Other

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He is around 65 years. Retired from Tamilnadu Government . Recently he got married second time. First wife also alive.Can a second wife get a family pension after his demise. If not, to whom his pension will go. I need clarity on this ground. Please clarify.
REGARDS

From India, Villupuram
What happened to the first marriage? whether the first wife was legally divorced? If not, whether the second marriage is permissible under his Personal Law?
From India, Salem
Sir, Greetings and Thank you for your courtesy extended to me. Yes Sir , Second marriage is permissible under his personal Law. I kindly expect your reply at the earliest. Thanks and Regards.
From India, Villupuram
In that case, when more than one widow surviving the Pensioner, the family pension would be paid in equal parts to them. In case of their death, minor children would get till they become major.
From India, Salem
1. Sir, in my opinion, main issue will be as to what Pension Rules are applicable in respect of employees of Tamil Nadu Govt.? and what is the provision relating to revision of Pension in respect of its retired employees.
2. It will also be important whether there is any restriction on Tamil Nadu employees regarding contracting 2nd marriage even when first spouse is there. .

From India, Noida
Mr.Harshkumar,
I think that the poster knows that her query comes under the TamilNadu Pension Rules,1978. Rule 49 deals with family pension. The second wife is eligible to claim equal part of family pension of the retiree after his death along with the first wife, if their marriage is permissible under the personal law of the Govt.servant.

From India, Salem
Sir
Can anyone guide me How to conduct enqiury (Inquiry Procedures) on the Sexual Harassment Cases ?
Procedure details includes No. of members in the enquiry panel, steps to conduct inquiry, etc.
I request You, Sirs, to reply as early as possible
Thanks and Regards

From India, Villupuram
The second query makes the things complex. It appears that you are reluctant to post all the relevant facts.
From India, Kochi
Gayathri;

How to conduct a enquiry of sexual harassment? In the first place the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 must be applicable to the establishment. Secondly there must be an Internal Complaints Committee formed under the Act consisting of 4 persons, minimum 2 of them women, headed by a woman in the committee. The complaint of sexual harassment must be in writing. If not ICC must help the complainant woman to reduce her complaint in writing. A chargesheet must be issued to the Respondent against whom the complaint is. The enquiry must be conducted following the principles of natural justice as in case of any other enquiry. After the enquiry is over, ICC must come to a conclusion whether the Respondent is guilty or not. ICC must recommend to Employer whatever action to be taken. Employer must execute that recommendation. The Respondent or the Complainant Woman can go in appeal to the District Committee or Court.

Vibhakar Ramtirthkar.

From India, Pune
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