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B MURALIDHARAN (Company Secretary)     27 September 2010

Claim of Compensation

Dear Sir,

My father was working in a proprietor firm for the past 50 yrs. He died on 26.4.10 due to illness in the hospital. At the time of death he was in service; but could not sign the attendance register for around 1 month due to his continous illness.

What are the benefits my mother [as legal heir] is eligible or claim from the firm? Pl advise me. My father was a contributor of EPF.

with regards,

B Muralidharan.


 3 Replies

subhash chander verma (1)     08 October 2010

Dear, Muralidharan

Your mother as a legal heir is entitled to following claims:

1.   If the firm is covered under Gratuity Act, that if, there were 10 or more employees at any time ( which woulod be of course if it is covered under EPF Act on statutory basis), then to the gratuity @ 15 days per year of service to be calculated as Basic Pay +DA/26*15*50.

2.   EPF accumulations of your deceased father from EPF Office

3.   Pension under EPS

4.   EDLI payment

5.   Unpaid wages of your father, if any, from the employer

6.   Leave encashment, if any

7.   Bonus amount if admissible

      If the death of your father is not attributable to employment but as in the ordinary course, then she is not entitled to compensation under Employees Compensation Act.

      In case the document formalities to claim EPF and Pension & EDLI is required, pls. let me know. I shall    mention the same.

S.C. Verma



B MURALIDHARAN (Company Secretary)     08 October 2010

Dear SC Verma,

THank you very much for valuable advise.

How can we make a claim under EDLI.Pl elaborate. For EPF & Pension claim, we already filed the claim appln with RPF, Chennai and it is in the process.

MY father's demise was due sudden illness, not due to his employment.

With Thanks & regards,

B Muralidharan.


Sarjooram Sharma (Assistant Labour commissioner)     08 October 2010

She is entitled for EPF, ESI (if applicable), Bonus for the period of financial year he worked (if applicable), Leave encashment for the earned leaves in the account of your father, Gratuirty (if applicable), Unpaid salary.

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