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Shweta (Housewife)     24 December 2014

Terminal benefits

Hi,

My friend husband passed away 2 months back. He was working in a MNC company, at the time of joining company he has nominated his parents in "PF and Gratuity", but after marriage he didn't updated the nominee and no nominee mentioned for the "company Group Insurance policy." 

 I would like to know who all are entitled the above said PF, Gratutity,Group insurance amount and paid leave.
 

Thanks in Advance.


Thanks,
Shwetha


Learning

 7 Replies

Karthikeyan (Manager)     24 December 2014

As per legal, the legal hires will the benifit. I mean....his wife, mother and childrens.

Karthikeyan (Manager)     24 December 2014

As per legal, the legal hires will get the benifits. I mean....his wife, mother and childrens.

Kumar Doab (FIN)     24 December 2014

The company can discharge its responsibility by paying/attesting the forms for the payment to the nominated person ............however the nominee is just a trustee and has to distribute the proceeds to the sucessors/ClassI legal heir(s).......................that is mother/spouse/children....in equal share.....

 

The proceeds in FnF amounts/Company Group Insurance policy can be paid to ClassI legal heir...........

 

For simplicity company may ask the family to submit a declaration signed by all ClassI legal heir(s) and pay accordingly.................

Shweta (Housewife)     24 December 2014

Thanks Sir .  Wether Hindu sucession act will be applicable to the service benefits.?  Gratuity Act, Provident fund act will not be applicable?. and what if the parents are not dependent ?

Thanks,

Shwetha

Kumar Doab (FIN)     24 December 2014

You may go thru the following judgement and various other judgements mentioned in it:
 
Madras High Court
S.Sandhya vs The Chief General Manager on 9 April, 2012
https://indiankanoon.org/doc/60917043/

 

 

54. As stated supra, retiral benefits ........................ As this Court has held that the........  the surviving legal heirs, as per the law of succession, alone are entitled to receive the terminal benefits

Shweta (Housewife)     24 December 2014

Thanks again. I just got one more case(please find below link) while reading the above said judgment. I am confused about how exactly the law is applicable. which case will be considered and on what bases.

please help me to understand.

https://indiankanoon.org/doc/1503115/

Kumar Doab (FIN)     25 December 2014

Reference to applicable service rules ,PF-pension ,Gratuity rules, has been made in judgments. Obtain these and show to your able labor law consultant/service matters Lawyer for further advice....

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