Payment of Gratuity Act says if an employee dies in case of any disease or accident his/her nominee or legal heir are entitled for gratuity. I think the completion of 5 year continue service shall not be necessary where the termination of services is due to death.
But i have a doubt about suicide case. Kindly advice.
secondly, this would be paid to the designated nominee or if no nominee, to the heir of the deceased
The circumstances under which gratuity becomes payable are enumerated under the Payment of Gratuity Act.Death is one of them. The Act does not specify that death should have occurred under specific circumstances. So the presumption is that whatever be the cause of death gratuity becomes payable. Here the cause of death is suicide. The Act does not say that if a person commits suicide gratuity cannot be claimed. Therefore my view is that in this case gratuity is payable subject to the fulfilling of the other conditions.