Payment of gratuity

Section 6 of the Gratuity Act reads:

Section 6: Nomination

(6)      If a nominee predeceases the employee, the interest of the nominee shall revert to the          employee   who shall make a fresh nomination, in the prescribed form, in respect of such interest.

Since no further nomination was made by your father, In my opinion the Department should pay as per existing nomination.

Mr. Goyal has given valuable advice.Kindly follow it.

BHEL Gratuity Trust is centralized and is functioning for all units and regions, from its corporate office in New Delhi.

You may obtain the BHEL Gratuity Trust rules and regulations. The Admin Officer must have referred to some rules available with him. BHEL is under the purview of RTI Act.

e.g. in Case of BSNL:

37. NOMINATION

G) In the event of the death of the Member, if he had not appointed a nominee or if such nominee has pre-deceased the member and no fresh appointment of nominee has been made, the contributions made in respect of him shall be paid to the Member's wife, failing which to his child/ children in equal amounts, failing which to his other dependent members of his family in equal amounts. If a deceased member has not left a wife, child or any other dependent member of the family, the amount lying to the credit of the ember shall be paid to the legal heirs after obtaining the necessary succession certificate.

FOR THE PURPOSE OF THIS RULE, ‘FAMILY’ MEANS:

The employee’s spouse, legitimate children, step children, deceased son’s widow, deceased son’s legitimate children, deceased son’s step children, dependent parents, sisters, minor brother and the dependent parents of the employee’s spouse.

If similar rules are adopted by BHEL the wife of deceased employee should get full share.

The application seeking relief may be made to Trustees as per procedure explained in BHEL Gratuity Trust rules and regulations.

 You are right Goyal Sir, Department should pay as per existing nominee it means to my mother.

But there arises the question, admin officer clearly says bring a succession certificate in order to obtain gratuity amnt.

The PF cheque was released, group insurance was released because in those records nominee was my mother.

Coming to Gratuity as my father didn't made fresh nomination after death of my grand father there arises a dispute.

For us no problem to bring Succession certificate and submit, my question  is there any alternative method to obtain

Gratuity other than submitting succession certificate as it takes nearly 5-7 months.

Admin officer clearly states that show me the grounds to release gratuity thats y I beg you people that on what grounds we can prove that pre deceased of nominee becomes void and amount refunds to employ.

 You are right Goyal Sir, Department should pay as per existing nominee it means to my mother.

But there arises the question, admin officer clearly says bring a succession certificate in order to obtain gratuity amnt.

The PF cheque was released, group insurance was released because in those records nominee was my mother.

Coming to Gratuity as my father didn't made fresh nomination after death of my grand father there arises a dispute.

For us no problem to bring Succession certificate and submit, my question  is there any alternative method to obtain

Gratuity other than submitting succession certificate as it takes nearly 5-7 months.

Admin officer clearly states that show me the grounds to release gratuity thats y I beg you people that on what grounds we can prove that pre deceased of nominee becomes void and amount refunds to employ.