Hello! Good morning!!!!
I have one question related to the Gratuity Act of 1972. In our company, one employee passed away at his home. He had appointed his wife as a nominee. However, we have now received an application from his parents, and they mention that they were dependent on him, so they believe they are also eligible to receive a portion of the Gratuity.
I would like to know who is entitled to receive a portion of the Gratuity. I am eagerly awaiting your urgent reply.
Best regards,
Parimal
From India, Ahmadabad
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4I have one question related to the Gratuity Act of 1972. In our company, one employee passed away at his home. He had appointed his wife as a nominee. However, we have now received an application from his parents, and they mention that they were dependent on him, so they believe they are also eligible to receive a portion of the Gratuity.
I would like to know who is entitled to receive a portion of the Gratuity. I am eagerly awaiting your urgent reply.
Best regards,
Parimal
From India, Ahmadabad
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As per my knowledge we can give to nominated person only (to his wife) as he has mentioned in nomination form & we can prove it, we have this in written.
From India, Delhi
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From India, Delhi
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Since your deceased employee has nominated his wife, she is only eligible to receive the gratuity benefits. Her eligibility cannot be disputed. Even in cases where there is no nomination, only the legal heir is eligible for gratuity benefits, and the legally wedded wife is, by default, the legal heir.
Regards,
Kamal
From India, Pune
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Regards,
Kamal
From India, Pune
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Mr. Kamal is right. Employee can chose conditional nomination option too. Like 50% for wife & rest 50% for parents, but it depends on employee only.
From India, Delhi
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From India, Delhi
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Dear Parimal, Please go through Section 4(1) of the Payment of Gratuity Act, 1972 for your query.
R.N. Khola
(Labour Law Consultants)
From India, Delhi
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R.N. Khola
(Labour Law Consultants)
From India, Delhi
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Request for Supreme Court Judgments on Dependency Claims
I have heard about situations where a dependent submits an application to the employer, declaring that they were dependent on their son. The Supreme Court has provided many judgments on this matter. Therefore, I kindly request you to please share the relevant judgment with me.
Best Regards,
Parimal
From India, Ahmadabad
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I have heard about situations where a dependent submits an application to the employer, declaring that they were dependent on their son. The Supreme Court has provided many judgments on this matter. Therefore, I kindly request you to please share the relevant judgment with me.
Best Regards,
Parimal
From India, Ahmadabad
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Under the Payment of Gratuity Act, 1972, it does not make any difference whether a worker has died at work or at home to claim the gratuity amount. The employee is free to nominate anybody other than his family members, but once he acquires a family, the nomination has to be invariably in favor of family members and should be accepted by the employer. Since he has appointed his wife as a nominee, the gratuity amount shall be payable to his wife. You are bound to follow the State rules framed under the Payment of Gratuity Act, 1972, and cannot part the same to anyone. If you have not made the payment to the recorded nominee till date, you can advise the parents, who claimed to be dependent on him, to approach the Controlling Officer of the area declared under the Payment of Gratuity Act, 1972.
Regards,
B.S Kalsi
Member since Aug 2011
From India, Mumbai
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Regards,
B.S Kalsi
Member since Aug 2011
From India, Mumbai
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Gratuity Act-Teachers-Ma dhya Pradesh.docx
Payment of Gratuity Act, 1972 & The Rules.ppt