Sir, an employee got married to a married woman in a temple who was not divorced from the first husband. The said employee had declared in gratuity nomination in the name of his married sister, not his wife. The said employee had also obtained medical treatment issued in the name of his wife. After staying with him, the wife left and did not return. Due to prolonged illness, the said employee passed away. The deceased employee's mother claimed the final settlement of her son in her favor. Subsequently, the woman to whom the deceased employee was married filed a lawsuit claiming all dues to be paid by the company.
My question is: who is the rightful claimant in this case, the mother, the wife, or the sister? What should be the company's position?
From India, Bhubaneswar
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My question is: who is the rightful claimant in this case, the mother, the wife, or the sister? What should be the company's position?
From India, Bhubaneswar
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Since the matter is before the court, you can also wait for the verdict and make the payment to the nominee declared by the court. In the case of Gratuity, since the amount is payable within a month's time, you can deposit the sum with the District Labour Officer. Otherwise, you will have to pay interest on the amount. Similarly, any unclaimed salary and allowances can also be deposited with the DLO, who will disburse the sum when the actual nominee comes with proof.
Regards, Madhu.T.K
From India, Kannur
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4526Regards, Madhu.T.K
From India, Kannur
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Full n final settlement.doc
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