Gratuity-occupational disease

Yogeswaran (Querist) 02 September 2014 This query is : Resolved
Dear Sir,
One employee worked two years in an organzation.He resigned for his health problem (Cancer).Hementioned his resign letter may be occupational disease Still he alive.He is asking Gratuity under the act 39 of 1972 sec 4(1).
Is he eligible or not?

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Kumar Doab (Expert) 02 September 2014
Was his resignation accepted?
If employer-employee relationship does not exist then: NO.
He may be eligible for compensation for occupational disease.
Refer the matter to your legal cell/lawyer for opinion based on docs on record.

Yogeswaran (Querist) 03 September 2014
His Resignation was accepted by Management.

Rajendra K Goyal (Expert) 03 September 2014
In such case not eligible for Gratuity.

Kumar Doab (Expert) 03 September 2014
Regret could not get the meaning of your query from language and the way it is drafted in your first post.

Hope you mean to state that employee mentioned ‘Occupational Disease’ in his resignation……………………………and you are aware of the occupational disease…………………………………….or

it is on record………………………..

He is eligible as clarified in Sec:4(1);

(c) on his death or disablement due to accident or disease:

“Explanation. : For the purposes of this section, disablement means such disablement as incapacitates an employee for the work which he, was capable of performing before the accident or disease resulting in such disablement.”

He is also eligible for compensation due to occupational disease.

You are a legal officer and may recommend the payment.

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