Dear All;
It is intriguing that the employee is not coming forward to collect gratuity amount. But is the employee treaceable? If yes then send a registered letter in the form of a notice given in the Gratuity Act. If he does not come, employer cannot help. If the employee is not traceable then legally all have to wait for 8 years. If even after 8 years employee is not found, then the amount of gratuity is to be paid to the nominee whom the employee had nominated in Form F. If there is no nomination, then employer has to wait as to who claims gratuity amount and when anyone approaches for the gratuity amount, tell that person to go to court and obtain a letter of probate. Employer need not decide as to who are the legal heirs. Let the Court decide it.
Vibhakar Ramtirthkar.
It is intriguing that the employee is not coming forward to collect gratuity amount. But is the employee treaceable? If yes then send a registered letter in the form of a notice given in the Gratuity Act. If he does not come, employer cannot help. If the employee is not traceable then legally all have to wait for 8 years. If even after 8 years employee is not found, then the amount of gratuity is to be paid to the nominee whom the employee had nominated in Form F. If there is no nomination, then employer has to wait as to who claims gratuity amount and when anyone approaches for the gratuity amount, tell that person to go to court and obtain a letter of probate. Employer need not decide as to who are the legal heirs. Let the Court decide it.
Vibhakar Ramtirthkar.