Gratuity After Death

Dear all,
thanx for your kind cooperation & valuable views.
But the question still remains unanswered. There r several views
but all are almost different. So kindly try to extract the exact answer from the labour commissioner office of the jurisdiction & let everybody know.
Thanx again,
parag

Payment of Gratuity:- Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than 5 years. ** Provided that the completion of continuous service of 5 years shall not be necessary where the termination of the employment of any employee is due to death or disablement. ** (in excess of 6 months the employer shall pay gratuity at the rate of 15 days salary/wage @ The amount of Gratuity payable to an employee shall not exceed Rs. 10,00,000/-

Dear All,
I assumed that Mr.Sona Kumar is confused ESI with Employees Compensation Act.
In ECA also there is a consent factor to arrive the compensation to be paid, not like the calculation he has made.
S.Sethupathy,
Erode.

Dear Sonu,
In the first place I did not respond to your post.
You current post is as confusing as your first response wherein you have made some calculation of payable gratuity upto the age of retirement.
Can you please validate your views?
Vasant Nair

Dear all,
The condition of five year minimum service does not apply in case of death. The Payment of Gratuity Act, 1972 is not silent about it. It is very clear. It clarifies that the condition of five year service does not apply in case of death. Now the copy of Act is not with me. Please go through it minutely. You will find the reference. If you have any difficulty in finding it, please revert back. I bring a copy of the act and give exact reference. Thanks & regards,

Dear Shayam,
None of the seniors questioned about the disbursement of gratuity in the case of death before five years of services.
The problems we were discussed-
1) In the case of death before one year i.e before filling up of the form F, to whom the gratuity will go?
2) What will be the calculation 15 days or prorate basis for 2 month services?
S.Sehtupathy,
Erode.

Dear Shyam Agarwal,
There is no doubt about payment of gratuity in death cases and we all know that it is payable even if the deceased did not work for five years. But the discussion here is that whether it is payable to an employee who died within two months of joining an employment. If yes, how to arrive at the amount.
My simple calculation is that (as already stated) it shall not be more than 15 days salary since that would be the gratuity amount if the death had happened after completion of one year. Even if we take it as employer's liability, it can not be more than what it would be for more than one year. Let us even forget about any pro rata calculation.
Since there may not be any nomination (as required under the Act) if the death had happened before one year, amount shall be paid to legal representatives as declared by the concerned officials.
Regards,
Madhu.T.k

Dear Parag
Completion of continous service of 5years is not necessary where termination of employement is due to death or disablement due to accident of disease
In case of death the same is paid

1. Nominee
2. Heirs (in absence of nomination)
3. In case nomimee/heir is a minor, such amount is deposited with the controlling authority who shall invest the same for the benefit of such minor the amount in such banks or financial institutions till the minor becomes a major

JMK

i resigned from the company on 2009 Jan. but i have been not get my gratuity till now? what is the rule to get it?what is the procedure?

resigned from the company on 2009 Jan. but i haven't been get my gratuity till now. what is the rule to get it?what is the procedure?