Y V R S SUNDARA RAO (GM-HR) 26 February 2015

Death benefits to the wife of a deceased employee

Request expert opinion with case law on the following.

An unmarried male employee at the time of joining the company has given PF nomination in favour of his parents who are living at their native place with his younger brother who is better employed privately than this employee.

This employee, subsequently married and his wife is also working in the same organization. The male employee failed to change the nomination post his marriage. Wife personnel documents like ESI Pehchan Card, Family Certificate issued by MRO show that she is the wife of the male employee.

Unfortunately he died in a road accident. Subsequent to his death, Considering the Legal heir status and also poor economic and social conditions of the wife, the company would like to give the benefits like PF, Gratuity and GTLI to the wife of the deceased employee.. what are the consequences. ..

Thanks and regards,

Sundar

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H. S. Thukral (Lawyer) 26 February 2015

The amount standing in credit of EPF of an employee and the Gratuity payable to an employee , on his death shall be payable to his nominee and if no nominee is mentioned to heirs and family members as per provisions of respective acts. The pension under the EPF rules shall however be payable to the wife and children if any. She will be entitled to a share in PF and gratuity as well alongwith other heirs and family members notwithstanding she being not nominee.

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