LIVE Online Course on Indian Constitution by Dr. Ravishankar Mor. Register Now!!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Legal heir certifacate issued by court revoked

(Querist) 29 December 2016 This query is : Resolved 
Respected members
I worked in public limited company,one of our employee expired due to cancer on duty hence his son get the appoinment on companssionate ground by submitting legal heir cetificate issued by competant court.At the relevant time the legal heir cetificate is original(Real) not fake.The deceased employee has two wives.on of his wives filed RMJC before competant court for revocation and cancellation of certificate by making other legal heirs as a party we the public limited company is not party to the RMJC, The hon'ble court has revoked and cancelled the certificate by holding that it has obtained by misrepresentation and ordered to restore the benifit which availed by producing legal heir certificate
Learned members my question is whether the appoinment on companssionate ground ie Service, granted on basis of legal heir certificate (which was real at relevant time) can be terminated if case laws in respect of above posted i will highly oblidge

Ms.Usha Kapoor (Expert) 30 December 2016
When you strongly believe in the original legal heir certificate was real and appointed the legal heir as an employee in your firm on compassionate grounds there is no question of going back. Retain him in service not withstanding protests from his father's 2nd wife and her children's protests.
Sri Vijayan.A (Expert) 30 December 2016
First refer your service conditions.
No doubt, the succession certificate or the legal certificate produced by him was genuine and the Court now cancelled it.

You can wait for the further orders from the Court, regarding the new legal certificates or order regarding his employment.

Till then, to reduce the hardship to him, you can permit him to continue in the present employment.

It depends on the order passed by the Court.
Guest (Expert) 30 December 2016
When the dispute is already in the court's jurisdiction, don't take the risk of terminating the employee in the absence of any specific order of the court.

Rajendra K Goyal (Expert) 30 December 2016
Repeated query:
Ms.Usha Kapoor (Expert) 31 December 2016
Dr J C Vashista (Expert) 31 December 2016
No reply for repeated query.

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Post a Suggestion for LCI Team
Post a Legal Query