Legal Question in Employment Law in India

1. After retirement an employee migrated to USA and he has given Power of Attorney to his wife. Whether she can claim gratuity? Give the reasons....

2. An employee was involved in misappropriation of the money of an establishment. The departmental inquiry was going on at that time he tendered his resignation to the employer and which was accepted. Since the employee was responsible for financial irregularity his gratutity was forfeited by written order passed by the management.

Is it legal order as per the payment of gratuity act 1972? give reasons

3.An employee who was casual employee resume his work at 8am in the establishment. He was doing manual work. After working for 7 hours suddenly he fell down and died. As per the post mortem report the cause of death was heartattack. Whether heart attack in such circumstances can be called as an accident?

Whether compensation is payable by the employer under the EC act, 1923.

4. An employee working in the establishment after the consumption of alcohol met with an accident. Whether any defense is available or not?

Who will have to prove that employee has consumed alcohol when he met with accident?

5. An application filed by adopted son, the second wife and a wife who got remarried after the death of his husband is she eligible to get compensation under EC Act, 1923

6. An employee was going home after the completion of his duties met with an accident. Whether compensation is payable or not. Give reasons. Cite case laws


Asked on 2/26/14, 11:38 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

27.02.2014

Dear Sir / Madam,

1. No, the gratuity amount will be given only to the person who retired from service and will be credited to his account by the employer. If the gratuity amount remains unclaimed within three years of retirement, the employer is liable to transfer the unclaimed amount to Government Revenue.

2. Yes, the terms and conditions of service usually provide and entitle the employer to retain, adjust, allocate and forfeit all accumulated dues owed to the employee and appropriate them against the defalcation losses and recoveries.

3. No, it will be deemed "natural death" while on duty, and will be governed by the provisions of the Employees Compensation Act, 1923 and latest provisions thereto.

4. No, since the employee has violated the terms and conditions of service. The onus lies on the employer to prove that the employee was in an inebriated state while on duty.

5. No.

6. If insured by the employer, the concerned Insurance Co. will have to settle the claim.

(Case laws for each of the above is a prepaid request service).

Regards,

Read more
Answered on 2/27/14, 3:30 am


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