Hai Tream

An employee worked in our concern for 18 years ,Two years back he was expired due to illhealth

During his settlement time we came to know that he had two wives , First one left 10 years back mutually agreed and he entered into new relataionship.As per his PF ,his first wife is his nominee.

New wife, says that the first wife no where related in his settlement and also says she doesnt need any of his share since we have mutually seperated.

We asked to get the legal heir certificates ,since they have not registered or attained proper diverse. New wife running behind the court for last two years but couldnt able to close the case and also cant able to attain Legal Heir Certificate

Shall i wait till the case gets over or else shall we provide FMC Family Member Certificate from employer side and dispurse the settlement since employer have authority to define his correct family members.

Pls advise


From India, Chennai
Labour Law & Hr Consultant
Management Consultancy
Manager Hr & Admin


Since the First wife is the nominee, you are bound by it. If there is a court order modifying it, then only you can act as per that. FMC is not a substitute for LHC. Now that two years have elapsed, wait a little longer for the LHC
From India, Mumbai
Hai sir Thanks for your input Baskar
From India, Chennai
Dear Baskar,
Regarding settlement of EPF final dues, it is for the EPFO to decide. I don't think that as the employer you have any substantial responsibility other than forwarding the claims with endorsing the employment details furnished therein.
Regarding other dues like statutory gratuity, unpaid wages, bonus, leave encashment etc.,when you receive any formal objections like two spouses and children surviving the employee, you have to be a bit more circumspect about going by the nomination, if any filed by the deceased employee long back.
As the belated payment of gratuity carries interest for the period of default, it is better to deposit the same with the Controlling Authority under the Act for your area immediately with the request to disburse it to the right persons after due enquiry.

From India, Salem
Thanks Sir for your guidelines Will initiate the same Baskar
From India, Chennai

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