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C.A Alok Mukherjee (service)     02 June 2009

Is the employer legally correct ?

 

Can an employer legally correct if they do not get any response from the deceased legal heir for submission of a succession certificate for the deceased claim? The fact that employer wants to settle the dues to the legal heirs of the deceased employee and for that they wrote a letter to the deceased house address for production of succession certificate. The employer did not get any response from the deceased employee's house; hence they kept the dues separately as payable to the deceased employee. The dues include an amount received from LIC vis a vis a part of gratuity.
I think that employer cannot take a plea that they had fulfilled their responsibility by sending a letter and seeking a mere document, they should be more proactive in approach. Countries like ours where English may not be understood or the formality required may not be clear. In such a situation what should be the Company’s role legally. Obviously, a company can not be expected to do on their part for the succession certificate etc, in that situation please advise what action company should follow at the same time what recourse available so that the dues should reach the beneficiary? Please advice.


 2 Replies

Guest (Guest)     02 June 2009

Please send a letter by ordinary post as well as in regd. post with acknowledgement due preferably in the mother tongue of the deceased employee.   If it is unserved, publish in the  two regional new papers of repute asking the legal heir to send representation to the employer.  Unofficially ask the friends of the deceased in the establishment to contact the legal heirs of the deceased and ask them to send the representation to the employer and take steps to obtain succession certificate (you know, it takes time). 

Binod Kumar Mishra (Government Service)     06 June 2009

Mr. Prabhakar has rightly said everything. you may proceed like that.


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