Labour Law & Hr Consultant
Ad -employee Relations
Hr Manager

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Dear Seniors, One of our female staff had died while in service. She is eligible for Gratuity. We too are going to pay the entire amount as per law. Question is that she had not submitted any nominations for Gratuity during her service. She has Husband and two sons. Husband had claimed Gratuity to us. However some relative of her approached us and said since Husband is alcoholic and will spend amount on this , so pay amount to her children. One of her son is from her first Husband. Amount payable is more than two lacs, so we are in confusion to whom we should pay.
From India, Tasgaon
Not clear whether the payment is under Gratuity Act. Gratuity in the absence of a valid nomination can only be paid to legal heirs, for which the claimant may be asked to produce legal heirship certificate. You cannot deny to the husband if he produce legal heirship certificate but can be limited to the percentage of authority specifed in the certificate
Mohan Kumar
Ph : 9446017604

From India, Bangalore
From where relatives will get this lega heir ship certificate ?
From India, Tasgaon
@Sanjayadhar - Aggrieved need to connect to Collectrate office @ for issuance of Legal Heirship certificate - under Act/Rules/Govt. orders: Maharashtra Treasury Rules, 1968, Rule 359

Dear Questioner,

It is the responsibility of the employer to pay gratuity within 30 days from the date it becomes payable the failure of which would entail levy of interest for the delay. Besides, the case in hand is that of sudden death of the employee who filed no nomination for her gratuity and her survivors comprising of an allegedly unreliable second husband and two sons of which one is from her first marriage. However, all the legal heirs can stake their claims for the gratuity of the deceased. Thus there is an existing dispute in the gratuity of the deceased as to the legal genuineness of the heirship of the survivors, extent of their respective shares and the manner of disbursement in case the sons are minors. Therefore, to get yourself relieved of all these legal burden as employer and the interest burden due to delay in disbursement, it is better you calculate the amount of gratuity payable u/s 4 and deposit the same immediately u/s 7(4)(a) of the Payment of Gratuity Act,1972 respectively with the Controlling Authority under the Act for disbursement.

From India, Salem
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