payment of gratuity

basheer khan (Querist) 15 April 2009 This query is : Resolved
respected sir
the after the death of the deceased employee, the employer stop the payment of the gratuity to the wife of the deceased. my question is can the employer has a right to stop the payment of the gratuity to wife of the deceased? please suggest me if any recent decisions in this regard

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H. S. Thukral (Expert) 15 April 2009
There is some misunderstanding. It must be some other benifit. Gratuity is one time payment. If the same is not paid on the death of an eligible employee, his LRS can claim the same.

ESTHERPRIYA (Expert) 15 April 2009
The employer cannot deny the death benefits such as Gratuity and pension to the employee concerned. You can file a claim against the employer in the concerned Labour Court as you have a good case.

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