Legal heirs under payment of gratuity case

P.ESAKKIMUTHU (Querist) 14 January 2017 This query is : Resolved
The worker Smt Janaki died after retirement without getting the benefit of gratuity from the employer. Her Husband Sri Gurusamy filed an application before the authority under payment of gratuity Act, as legal heir of deceased workman. During the pendency of the case, Sri Gurusamy also died. The legal heirs of Smt Janaki and Gurusamy are all same, being their sons and daughters. Kindly advise whether impleading petition by the legal heirs of Gurusamy & Janaki are maintainable to claim gratuity payable to Janaki. In the original application for gratuity Gurusamy alone is the applicant and no legal heirs are arrayed as applicants.

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kavksatyanarayana (Expert) 14 January 2017
The nominee of the deceased employee shall submit application for gratuity. If the nominee is no more, then it will be distributed among the legal heirs of the deceased employee. so apply for gratuity and if it delays then file case to get the same with simple interest for such delay.

Ms.Usha Kapoor (Expert) 15 January 2017
I'd go with Kavak Satyanarayana.

Dr J C Vashista (Expert) 15 January 2017
LRs of work-woman are required to substitute the deceased nominee (husband)/claimant, file amendment application.

Kumar Doab (Expert) 15 January 2017
Payment of Gratuity Act;1972;Sec 6(4),7(4)(ii)

The query is silent on Nomination, existence of Nominee.

The Nominee/Guardian of nominee,Legal Heirs of Nominee can come forward, and claim payment with interest for delayed period(if any).

P.ESAKKIMUTHU (Querist) 15 January 2017
There is no nomination for payment of gratuity. The initial application was filed by the husband of deceased employee. On his death ie the legal heir ie husband of deceased worker, whether other legal heirs ie sons and daughters of deceased workman/husband , can now be impleaded as petitioners in the gratuity case now pending

Kumar Doab (Expert) 15 January 2017

It has been believed that:

THE PAYMENT OF GRATUITY ACT, 1972
and
THE PAYMENT OF GRATUITY (CENTRAL) RULES, 1972

apply in this case.

You may go thru;

THE PAYMENT OF GRATUITY (CENTRAL) RULES, 1972

7:3(3), (5)

(3) A legal heir of an employee who is eligible for payment of gratuity under
the second proviso to sub-section (1) of section 4 shall apply, ordinarily within
The Payment of Gratuity (Central) Rules, 1972, one year from the date of gratuity became payable to him, in Form ‘K’ to the
employer

(5) An application for payment of gratuity filed after the expiry of the periods
specified in this rule shall also be entertained by the employer, if the applicant
adduces sufficient cause for the delay in preferring his claim, and no claim for
gratuity under the Act shall be invalid merely because the claimant failed to
present his application within the specified period. Any dispute in this regard
shall be referred to the controlling authority for his decision.