Navigating Gratuity Payments for a Deceased Employee with Two Wives: What Steps Should Be Taken?

Procedure for Gratuity Payment to a Deceased Employee with Two Wives

To address the situation of an employee who has passed away and had two wives, the gratuity payment process may vary depending on the laws and regulations in place. It is recommended to consult with legal advisors or the HR department to understand the specific procedures that need to be followed in such a unique circumstance. Proper documentation and legal guidance will be crucial in ensuring that the gratuity is distributed correctly and fairly among the beneficiaries.

You can give the payment based on a legal heir certificate, or you can deposit the amount to the labor office. They will handle and pay the concerned person.

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The Payment of Gratuity Act 1972

The Payment of Gratuity Act 1972 is a complete code in itself and empowers the Controlling Authority under the Act to decide who is to receive the gratuity. The Act requires the establishment to pay gratuity to the nominee when the employee is no more. In this case, if there is a nominee, you can deposit the gratuity amount with the Controlling Authority, providing the details of the nominee and the family. You can also mention the rival claim received from the second wife.

It may not be advisable to wait for the succession certificate as the process takes time, and the employer is liable to pay interest at 10% for the delay in payment beyond a month, in case it is challenged.