Gratuity Eligibility In Case Of Death

Dear Friends,
With due respect to all, Manjunath 's views are not supported by law.
Mr. Sai kumar has correctly interpreted the law.
Payment of Gratuity Act does not speak of gratuity entitlement till the age of retirement in case of death. It only relaxes the condition of five years of service.
regds
anil kaushik

Hi friends,
This is K. Anjireddy working as a Sr. Officer (P & A) in M/s Centuary Mattresses.
as per my knowledge, under payment of Gratuity Act, the kin of the deceased family will get the Gratuity claim for the remaining service of the employee (from the date of expairy to the date of retairment) as if he had worked in the organization.
please clarify it.
thanking you
Regards
K. Anji Reddy

No where the intention of legislature has been like this.The deceased will be entitled to the gratuity for the period of service, he completed.
Regds
anil kaushik

Dear Sir,
If a person been working for 4 years, and met with accident at working and he's hospitalized for years & resigned the company he got the PF withdrawal settled.
Now Esi is been paying him 100% wages of last drawn every month.
The person is no more what is the benefits should company pay him
what is the procedure?
Let me know.
Thanks & Regards,
Saravana

Dear member
What Mr.Anil kaushik said is correct. There is no provision under the Gartuity Act for paying gartuity in case of death of an employee on notional basis fror the remaining perid of service till retirement. If any company is paying so. it must be doing under it's own policy.
B.Saikumar
Labour Law Advisor
Mumbai

The confusion with regard to payment of gratuity calculated for a period till the age of superannuation is genuine because the gratuity policy of the LIC which is linked to death insurance pays gratuity for the remaining period. It is due to the kind of policy which covers the employer's gratuity liability that the dependents of the deceased employee is getting it and not as per Payment of Gratuity Act. Under the Payment of Gratuity Act, the employer's liability is limited to the service the deceased had rendered and not till his age of superannuation.
Madhu.T.K

Mr.Madhu
Thanks for clarifying the distinction betwen gratuity covered under LIC policy and gratuity paid under the Act.
B.Saikumar
Hr& labour Law Advisor
Mumbai

Hello Mr. Saikumar,
My father's employer has decided that they will pay out the gratuity for the years of service he had been. However, they are denying their liability of paying the interest on the gratuity amount for the past 3 years (since 2009 to 2012; since my father's death- till date).
Could you please guide me
(a) if they are bound by the Act to pay interest on the gratuity amount.
(b) If yes, what is the rate of interest they are bound to pay.
(c) Is the payment of interest incase of delay in gratuity payment, documented under the Gratuity policy. Could you please share the same with me.
Please help me with the above such that I can talk to the company with the right information.
Thanks in anticipation.
Best Regards,
Ritu

Dear Ritu
The company has to pay interst under teh Gratuity Actt simple interest as notified by the Central Government from the date it became payable tillthe date it is paid. Thus you are entitled to claim interest.
B.Saikumar
HR & Labour Law advisor
Mumbai

Thank you for the reply Mr.Saikumar.
Could you please let me know what will be the apllicable rate of interest in this case. Is there some document available stating this, such that I can talk to the company in reference to that document.
Thanks again.
Regards,
Ritu