DIPTI SRIVASTAVA
27

LEGAL & HR
One peon is eligible for gratuity and made nominee his father that time he was not married. Now he died and his wife is claiming for gratuity... what should be appropriate step regarding this case?
From India, Mumbai
[email protected]
195

Head - Outsourcing
Dear Mr Srivatsava
Pl ask the family members to submit Legal Heirship Certicate to consider the payment of Gratuity.
Always ask your question under proper category - Employee Compensation & Benefits or Gratuity instead of merely mentioning " Query ", so that you will get qiuck reply from senior professionals.
N Nataraajhan, Sakthi Management Services (Hp : + 91 94835 17402)

From India, Bangalore
DIPTI SRIVASTAVA
27

LEGAL & HR
THANKS for quick response MR Natraj i will follow your kind advise
From India, Mumbai
KK!HR
940

Management Consultancy
As per the Payment of Gratuity Act 1973, when there is a nomination the nominee has the right to receive the gratuity amount but it cannot be entirely appropriated by the nominee. The Gratuity Act is a complete code in itself and there is no need for making the payment of gratuity on the basis of legal hair-ship certificate as per personal law of the deceased. In the event of no nomination or nominee being predeceased or if there is a dispute, then the Act mandates that the gratuity amount should be deposited with the controlling authority and he has the powers to decide the rightful heirs. Pl ascertain whether the father of the deceased employee is still alive, if he is, then the gratuity amount could be handed over to him but persuade him to share with the wife her due share.
From India, Mumbai
umakanthan53
5119

Labour law & HR consultant
Dear Dipti,
Now, there is a dispute u/s 7(4)(a) of the Payment of Gratuity Act,1972 as to the person entitled to receive the gratuity. Therefore, you should deposit the amount of gratuity as admitted by you with the Controlling Authority under the Act for your area.
The C.A would disburse the amount accordingly after holding an enquiry in this regard.

From India, Salem
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