What is the procedure to make gratuity to the deceased employee if he has two wives?
From India, Madras
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1From India, Madras
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Dear Sir, You can give the payment based on legal heir certificate or you can deposit the amount to labour office. They will handle and pay to concerned person. Thanks.
From India, undefined
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From India, undefined
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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.
From India, Mumbai
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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.
From India, Mumbai
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SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc