Compensation for an employee who died while on duly
n v sudhakar
(Querist) 25 November 2011
This query is : Resolved
One of my friend who was working in a software company in Hyderabad went to Kashmir on duty and due to sudden brain hammerage he fell down and the co-employee got admitted him in Apollo hospital at Kashmir and my friend died in the hospital. This has happend about 2 months back.
His wife after completing all the rituals went to her husband's office and requested to provide the details of her husband salary, his personal files etc. It seems nothing was made available to her. The surprising thing is his employer asked her that why he has gone to Kashmir at all?
When she requested for compensation for her husband's death, the employer said that you husband was working on consultancy basis and there is nothing to be paid and we donot have any of his files.
She is only house wife having 7 years old girl. She does not know whether her husband was on consultancy basis or on salary basis.
On verification of Form 26AS of income tax, we found that her husband was paid consultancy fee till Sep, 2010 and from Oct, 2010 onwards he was paid on salary basis. That means he was on employment for the last one year and died while performing the duties.
Please guide us what type of benefits she is eligible from the said employer and how to proceed.
An early reply is requested since the above lady do not have any income.
N V Sudhakar
adv. rajeev ( rajoo )
(Expert) 25 November 2011
In my opinion he is an employee of the co., if co., is denied to pay the compensation then approach the workmen compensation court. During the course of employment he is died
Rajeev Kumar
(Expert) 25 November 2011
Yes i do agree with expert
Raj Kumar Makkad
(Expert) 25 November 2011
Apart from compensation under WC Act, the widow is entitled for leave salary, due salary, EPF accumulations, gratuity, bonus (pending) and all other benefits.
To start with, send a legal notice to the employer with copy to EPF Commissioner and thereafter file claim before commissioner WC and a civil suit for rest of the benefits. You may also file a criminal case under section 420/467/468/471/120B IPC against director and all relevant persons wherein company has prepared a false and fabricated service record of your deceased friend to the effect that he was not a regular employee and that on the relevant day, he was not sent on duty in kashmir.
K.S.Srinivas
(Expert) 27 November 2011
I agree with the experts rajeev and Makkad.
M V Gupta
(Expert) 28 November 2011
I have a different view. Before any action is decided, it is necessary to search and find out from the personal files of the deceased whether there was any letter of appointment issued by the Company to establish / prove that he was an employee of the Company. Even if such letter is found, from the facts narrated it is observed that he was a consultant for the Company upto September, 2010 and from October 2010 only his position is said to be that of an employee (which is denied by the Company). As a consultant the deceased was not entitled to any benefite undr the PF and Gratuity Acts etc. Evn assuming he became an employee from October, 2010, he may not be entitled to any gratutiy as he did not complete 5 years minimum service as prescribed under the Payment of Gratuity Act. As regards PF his wife would be entitled to calim the balances standing to the credit of his PF account, if she has been nominated by the deceased. In the absence of nomination, the wife may have to comply with the formalitites prescribed under law to claim the PF balances.
