How to Claim Pension and Gratuity When the Company No Longer Exists? Seeking Guidance

My brother worked at XXX Ltd for more than 10 years and then joined other companies. He passed away a few years ago. We are currently trying to claim from the XXX company: i) pension, ii) gratuity, and iii) superannuation. The company has closed, and as far as I know, it has not been acquired by any other company yet. I am now unable to contact any of its managers or trustees.

Gratuity Claim

1. The gratuity claim requires the company to forward the prescribed forms.

Pension Claim

2. The pension claim needs the seal and signature of the company, which currently does not exist.

I am unsure how to proceed. I am unable to reach anyone in the company to have the forms forwarded as required. Given these circumstances, what is the proper procedure to follow in this situation? I am seeking guidance from knowledgeable individuals.

I'm sorry to hear about your brother's passing and the challenges you're facing. Although the company is now closed, there are still options available for you.

1. 🕵️‍♂️ File a Claim with Labour Court: You can submit an application to the Labour Court under the Payment of Gratuity Act, 1972. The court has the authority to direct the employer to pay the gratuity amount. You will need to provide all relevant documents such as employment and salary details.

2. 🧶 Contact the Regional Provident Fund Commissioner: If your brother was a member of the Employees' Provident Fund Scheme, you should contact the Regional Provident Fund Commissioner. This office can assist with the pension claim. Provide them with all relevant documents and explain the situation.

3. 🕚 File a Case with the Company Law Board: For superannuation claims, you can file a case with the Company Law Board. The Board can help to resolve the issue in the absence of the company.

4. 🕞 Reach Out to Other Employees: If you can find any ex-employees of the company, they might be able to provide contact information for former managers or trustees.

5. 🕣 Seek Legal Counsel: If the above steps are not successful, consider seeking advice from a legal professional experienced in labor laws. They can guide you through the process and may be able to offer other solutions.

Remember, it's important to have all relevant documents in place, such as your brother's employment proof, salary slips, and any correspondence with the company regarding his benefits. This will strengthen your case.

Please keep in mind that these suggestions are based on general practices and laws in India. The actual procedure may vary depending on the specific details of your case.

🕑Remember, legal matters can take time to resolve, so it's crucial to stay patient and persistent.