Gauhati HC Orders Disbursement Of Deceased Employee's Gratuity Among Heirs Including 'Illegitimate Sons' In Line With Hindu Marriage Act, Succession Act

The Gauhati High Court was recently called upon to decide the issue with respect to distribution of gratuity amount among legal heirs of a deceased employee of Assam Power Distribution Company Limited, including his illegitimate children.

A single judge bench constituting of Justice Manish Choudhary directed the employer to decide the claims by adhering to the provisions contained in Section 4 of the Payment of Gratuity Act, 1972, Section 16 of the Hindu Marriage Act, 1955 and Section 8, Section 9 and Section 10 r/w Section 3 [1][f] of the Hindu Succession Act, 1956.

The provisions, when read in conjunction, include "illegitimate sons" within the definition of 'legal heirs', the parties on both the sides had conceded.

Section 4(1) of the Payment of Gratuity Act provides the conditions when gratuity becomes payable to an employee. The second proviso to this provision states that in case of death of the employee, gratuity payable to him shall be paid to his nominee/ heirs, as the case may be. However, the word 'heir' is not defined under the Act.

The Respondents, who were first wife and legitimate children of the deceased, had endorsed the claim of Petitioners, the illegitimate sons of the deceased. They submitted that though the petitioners are illegitimate sons of Late Kairang Sing, born out of a void marriage with Smti Radha Rani Sinha, they would be entitled to shares in accordance with the afore-stated provisions.

In this backdrop, the Court ordered,

"This writ petition is disposed of with a direction to the respondent APDCL authorities to process and disburse the gratuity amount payable under Section 4 [1] of the Payment of Gratuity Act, 1972 in respect of the services rendered by Late Kairang Singh amongst the heirs of Late Kairang Singh by adhering to the provisions contained in Section 4 of the Payment of Gratuity Act, 1972, Section 16 of the Hindu Marriage Act, 1955 and Section 8, Section 9 and Section 10 r/w Section 3 [1][f] of the Hindu Succession Act, 1956, as per their respective shares. The entire exercise shall be carried out within a period of 2 [two] months from the date of submission of a certified copy of this order."

Case Title: ANIL SINGH and ANR VERSUS THE STATE OF ASSAM AND 4 ORS

Citation :2022 LiveLaw (Gau) 60

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