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Rama (asst mgr)     21 February 2012

Letter of adminsitration

Hi,

I have received the LA from Mumbai High Court on 8th February, 2012. I have approached Reliance(who was the employer of my deceased husband) to settle the dues i.e. PF, Super Annuation, Insurance, gratuity, pension, ESOPS etc..

They had insisted for LA/Succession. Now, it has been almost 11-12 days they are not responding and only saying that they are seeking legal advice. The LA itself is self explanatory. How long would they take to seek a legal opinion?

Moreover, it is almost 27 months since my husband expired. As per law they have to pay off all the dues with interest.

How's it ? Would they peacefully settle that with interest or we need to file a separate case for that?

Once they settle it now would they not obtain the signatures mentioning they have settled all dues(full & final)?

Please advise!



Learning

 5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     21 February 2012

Dear Querist,

Since as you said the LA is self explanatory they must not have a valid reason to postpone the matters further, you can serve them with a legal notice calling upon them to deliver the benefits lawfully due/or just write them a letter yourself send it by regd. A.D. Failing which you can always see a local lawyer there. 

Kumar Doab (FIN)     21 February 2012

 

 Mr. Bharat Chugh has given valuable advice. Kindly follow it.

Did Reliance insist for LA in writing and did they quote any reason/demand for need of LA?

Were you a nominee on record in all documents?

"Section 8 of the Hindu Succession Act 1956 takes care of succession of properties of a male Hindu dying intestate (i.e. without executing any will). The said section creates a classification between the different types of legal heirs. Class I legal heirs are the near and dear ones of a person like widow, son mother daughter etc, whereas Class II consists of remoter heirs like brothers and sisters. If there are any legal heirs in class I then the property is divided equally amongst them all and the heirs in class II are excluded.

The nomination indicates the hand which is authorized to receive the amount on the
payment of which the dept. gets a valid discharge of its liability."

If you were a nominee, and no other legal heir contested the claim, company should have paid the proceeds to you.

Also

“As per the Nomination and Labour Welfare Laws, “it is pertinent to note that while an employee has family, nomination in favour of an outsider (including Mother, Sister and Brother) is void. The rightful claimants to the sum under a policy or scheme or the share in the property as the case may, are the LEGAL HEIRS OF THE DECEASED, AND NOT THE NOMINEES."

In India, owing to the non-prevalence in the name change for nomination soon after marriage(legally), this rider option is automatically made in to effect. If the employee is unmarried, his settlement goes to his decalred nominee (father/mother/ brother etc) or any legal heir in succession by default.

In all government organizations this process is followed.

https://www.epfindia.com/members_benefit.htm

 

Settlement under para 70:

(Accumulation of a deceased member) through Form No. 20

70(i) If a nomination exists, payment is made to the nominee in accordance with Form 2(R) . (Nomination and Declaration Form).

Rules Of payment of Gratuity

 

        (2) A nominee of an employee who is eligible for payment of gratuity under the second proviso to sub-section (1) of section 4 shall apply, ordinarily within thirty days from the date of gratuity became payable to him, in Form ‘J’ to the employer:

 

        Provided that an application in plain paper with relevant particulars shall also be accepted. The employer may obtain such other particulars as may be deemed necessary by him.

 

Payment of Gratuity act 1972

The employer needs to deposit the gratuity liability within one month with the "Controlling officer" in case of a dispute. the local DLC would in all probability be the controlling officer. They would resolve the dispute in terms of the applicable law and release the payment to the rightful claimant. See section 7(4) of payment of gratuity act 1972

 

https://lawcommissionofindia.nic.in/101-169/Report137.pdf

 

 

 

2.5.1 Inaction or Indifference on the part of Employer

Before you sign any statement company has to supply you the FNF statement and after you are satisfied everything has been rightly accounted for you may sign the FNF statement. You can also mention that the FNF statement is ought to be correctly prepared by the employer and in case anything is found missed/ignored by employer you can stake a claim at any point of time.

You can demand by a separate letter under acknowledgment addressed to good offices of company i.e. appointing authority, MD, Head-HR,. Company Secretary, to supply you by registered post/speed post only,a list of terminal benefits/payables to you as per company policy and a certified copy of the rules of the company and corresponding law of the land.

While it shall be pertinent to know all payables by the company to you and corresponding rules, it shall be appropriate to approach a competent and experienced service lawyer and proceed under expert advice.


Attached File : 307714671 rulesofpaymentofgratuity(1).doc, 307714671 the%20payment%20of%20gratuity%20act%201972.doc downloaded: 120 times

Rama (asst mgr)     21 February 2012

Thank you so much! Shall come back in I have further doubts.

Rama (asst mgr)     22 February 2012

Kindly let me know how long should I wait for the reply from Reliance. They have got our advocate's notice on 10th and today is 22nd. Kindly advise!

Kumar Doab (FIN)     22 February 2012

If your advocate has mentioned say 15 days from date of receipt of notice then check date of dispatch of notice, allow say 5 days for delivery, add 15 days, then allow say 16th day as date of dispatch of reply and say 5 days for delivery. Usually companies and its lawyers put last day as date on reply and take say 4-5 days for dispatch.

Your lawyer would know the days to be allowed.

Have you submitted PF claim forms to company and has the company rejected to process the claim in writing or has the company supplied the acknowledgment issued by RPFC or have you submitted the claim to RPFC and has RPFC replied that company has declined to attest the forms?

Similarly for gratuity have you received any reply?

You should obtain form 16 also and form 16 should be as per amounts expressed in FNF statement.

Kindly take up the matter with your lawyer.

Valuable advice of learned experts/members is sought.


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