K SANKARASUBRAMANIAN
11 November 2008 at 22:44
Employee No. 8989- Mr Antone Ananth – Date of Birth : 13-Sep-1980::: Date of Joining in company: 13-Sep-2006 and died on the spot in a tragic Road Accident on 12th March 2008 at 09.30 hours while coming to office.
On joining, he gave all nominee declarations in favour of his father both for his Gratuity and PF
On 20.08.2007, he got married. After marriage he did not file any fresh nominee declaration. We have on record his marriage registration church certificate proof.
Now his settlements / terminal benefits have all been ready for Gratuity, Insurance, payroll including leave salary, prorata pay etc
Mrs Ansala, widowed wife has staked claim for the entire terminal benefits because (a) her parents paid huge dowry + expenses on marriage and now on huge debts.. and more importantly (b) her father-in-law demands that to retain all terminal benefits within the family.. but she is not willing for it, (c) her Father-in-Law is already in employment in Railways (oral information to us).
She has not taken the Legal Heir Certificate (LHC) because the local Taluk Office have insisted that the LHC will be issued only citing the three persons as legal heirs with equal share (i,e, Father-in-law, mother-in-law & widowed wife) such that her father-in-law & mother-in-law will get 2/3rds share of the terminal benefits and that the widowed wife shall be paid only 1/3rd share only
Our views:
Family pension will be paid only to the wife as per PF Rules
For PF, Gratuity, Insurance etc, we are informed that in many government organisations the process followed is that even if the deceased has not submitted the Nominee name change after the marriage, it doesn't matter. The Marriage Registration proof will do. So she becomes the beneficiary of PF, Insurance etc. His wife becoming the “undeclared Nominee” overrides all the previous nominee declarations given by him. Marriage Regn certificate appears enough. Hence they make the payment to the widowed wife
Owing to the non-prevalence in the name change for nomination soon after marriage legally here, this rider option is automatically made in to effect. If the employee is unmarried, his settlement goes to his declared nominee i.e. (father/mother/ brother etc) or any legal heir in succession by default.
Now we have on hand the marriage Church Certificate and she has promised to get us the Govt certificate in a few days time
Expert Opinion required
In the light of the above circumstances, please advise to whom to pay these terminal benefits above now ready for a) PF, (b) Gratuity, (c) Insurance (d) payroll including leave salary, prorata pay etc, and in what ratio.
nathan
11 November 2008 at 22:32
Hi,
Is company can deny the leave encashment as compnay policy.Is it compulsary that Leaveencashment is given to employee as per any rule.If yes kinldy let us the act and section of the same
I will be greatful if you could send a copy of the act regarding the leave encashment.
regards
nairrs
nairrs@rediffmail.com
manja
11 November 2008 at 20:57
I was intrested in purchased an vacant site form a general power of attorney (GPA) holders 6 months back and got into a regestered agrement in subregester office to buy the property with in 1 year. And i gave about 9 lakhs while regestring the agrement as an advance amount and promesed to pay the balance amount with in 1 year to the general power of attorney (GPA) holders, mean while the general power of attorney (GPA) holders has expired buy which I am very much disturbed as to know how safe is my agrement or is it valied or not then how can i get my sale deed done
Kanishk Saxena
11 November 2008 at 17:10
Dear All,
Plz. Guide me that how and from where I can qualify a Law course and which University or College is best for ?
I am a Graduate from D.U.
My res. is in Faridabad ( Haryana)
And also tell me that after Passing the Law course, will I be able to do Practice in various field like crminal or civil proceedings?
At which lable I will be able to be present.
Like Supreme court, state court or any other?
And what the authority will be for me to present against any court?
Plz. Post me As-Soon-As possible.
Legal Eagle
11 November 2008 at 16:05
Can a Managing Trustee of a Charitable Institution delegate his power to an employee to execute a Leave and Licence agreement at another town. If so, then is the Specific Power of Attorney required to be registered or is it okay if the concerned person's photo and thumb impression okay and then notarised.?
DEFENSE ADVOCATE.-firmaction@g
11 November 2008 at 16:05
There is a criminal case against the Dena bank and its officers for destruction of evidence and conspiracy.
For Dena bank to whom the process should be served.
DEFENSE ADVOCATE.-firmaction@g
11 November 2008 at 16:05
There is a criminal case against the Dena bank and its officers for destruction of evidence and conspiracy.
For Dena bank to whom the process should be served.
DEFENSE ADVOCATE.-firmaction@g
11 November 2008 at 16:04
There is a criminal case against the Dena bank and its officers for destruction of evidence and conspiracy.
For Dena bank to whom the process should be served.
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specific performance
what is the limitation to file a suit for specific performance if it is more than three years is there any citation of apex court let me know.