Hello!
Good morning!!!!
I have one question related to the Gratuity Act, 1972.
In our company, one employee was died at his home.
He had appointed his wife as a nominee.
But now, we have received application from his parents and they mention that we were dependent on him so also we are eligible for getting ratio of Gratuity .
Now i would like to know about who is/are entitle for getting ratio of Gratutity.
I am waiting for your urgent reply.
BR
Parimal
From India, Ahmadabad
4Good morning!!!!
I have one question related to the Gratuity Act, 1972.
In our company, one employee was died at his home.
He had appointed his wife as a nominee.
But now, we have received application from his parents and they mention that we were dependent on him so also we are eligible for getting ratio of Gratuity .
Now i would like to know about who is/are entitle for getting ratio of Gratutity.
I am waiting for your urgent reply.
BR
Parimal
From India, Ahmadabad
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
From India, Delhi
Since your deceased employee has nominated his wife, she is only eligible to get the gratuity benefits. Her eligibility can not be disputed. Even in case where there is no nomination, only legal heir is eligible for gratuity benefits and legally wedded wife is by default is the legal heir.
regards,
Kamal
From India, Pune
regards,
Kamal
From India, Pune
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
From India, Delhi
Dear All,
I something heard about it that if dependent submit the application to the employer and dependent declare that we were dependent on his son.
For this many judgement given by supreme court so you are requested that please send judgement the same.
BR
Parimal
From India, Ahmadabad
I something heard about it that if dependent submit the application to the employer and dependent declare that we were dependent on his son.
For this many judgement given by supreme court so you are requested that please send judgement the same.
BR
Parimal
From India, Ahmadabad
Dear Parimal,
Under Payment of Gratuity Act,1972, it does not make any difference whether 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 favour 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 Payment of Gratuity Act,1972 and cannot part the same to any one.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 to the Controlling officer of the area declared under Payment of Gratuity Act,1972.
B.S Kalsi
Member since Aug 2011
From India, Mumbai
Under Payment of Gratuity Act,1972, it does not make any difference whether 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 favour 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 Payment of Gratuity Act,1972 and cannot part the same to any one.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 to the Controlling officer of the area declared under Payment of Gratuity Act,1972.
B.S Kalsi
Member since Aug 2011
From India, Mumbai
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