Gratuity Nomination and Claim Name Mismatch in West Bengal
Gratuity is paid to the employee, or after death to the nominee named in the nomination form, or to the legal heirs. When the nominee's name on the form differs from the name on her Aadhaar, bank account or marriage certificate, the employer can ask for evidence of identity before paying. This page shows how to keep the nomination right while you are working, and what a family can do when a name does not match at claim time.
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Gratuity Name Mismatch (Quick Answer)
Write every nominee's name in your gratuity nomination exactly as their Aadhaar shows it, and file a fresh nomination after marriage. If a nominee's name differs at claim time, the employer may ask for evidence of identity: carry Aadhaar, the marriage certificate, and an affidavit linking the names. If the employer refuses or delays, the claimant can apply to the Controlling Authority (now the competent authority). The affidavit costs about Rs 50 to Rs 300.
| Problem | Fix |
|---|---|
| Wife named by maiden name or nickname | Fresh or modified nomination now |
| Married after joining, no nomination | Nominate within 90 days of getting a family |
| Nominee's Aadhaar spells the name differently | Aadhaar, affidavit and relationship proof at claim |
| Employee's own name differs in records | Service record correction with proof |
| Employer refuses or delays | Application to the Controlling or competent authority |
Which Gratuity Rules Apply in West Bengal in 2026: 1972 Act or Social Security Code
For decades gratuity was governed by the Payment of Gratuity Act, 1972 and its rules. The well-known forms come from the Payment of Gratuity (Central) Rules, 1972: Form F for nomination, Form I for the employee's claim, Form J for a nominee, Form K for a legal heir, and Form N to the Controlling Authority.
The Code on Social Security, 2020 has since replaced the 1972 Act. Reports say it came into force on 21 November 2025, and that central rules notified in 2026 renumber the forms: Form III for nomination, Form IV for the employee's application and Form VI to the competent authority.
The same reports say that employers in the state sphere keep using their state's existing gratuity rules until the state notifies new ones. In West Bengal, ask your employer or the state Labour Department which forms they use now.
The name rules below come from the 1972 central rules, which we read in full. The new rules may word them differently, so check the form your employer gives you.
Gratuity Nomination (Form F): Write Each Nominee's Name as Aadhaar Shows It
Under rule 6 of the 1972 central rules, the nomination is made in duplicate and given to the employer against a receipt, or sent by registered post. The employee certifies that the nominees are members of the family as the Act defines it.
Write each nominee's full name exactly as their Aadhaar prints it, with relationship and date of birth. Not "Bula" for a wife whose Aadhaar says Sharmistha, not "Mrs. Das", not initials. The money will be paid against that name.
Keep your copy of the receipt. Your family may need it years later.
Fresh Gratuity Nomination Within 90 Days of Marriage or a Change in Family
Rule 6(3) of the 1972 rules says an employee who had no family when nominating must file a fresh nomination within ninety days of acquiring a family. Rule 6(4) says changes, including when a nominee dies first, are made by a notice of modification.
So a man who nominated his mother before marriage should file a fresh nomination after marriage. A woman who changed her surname after marriage should tell her employer and update her own name in the service record with the marriage certificate.
If the wife's name on the marriage certificate differs from her Aadhaar, fix that first; see marriage certificate correction.
Gratuity Claim by Employee, Nominee or Legal Heir: Forms I, J and K
Under rule 7 of the 1972 rules, the employee applies ordinarily within 30 days of gratuity becoming payable, or earlier if the retirement date is known. A nominee applies ordinarily within 30 days, and a legal heir within one year. A plain paper application with the right details is also accepted.
Under rule 8, if the claim is admissible, the employer issues a notice fixing payment no later than the thirtieth day after receiving the application. If not, it must give reasons in writing.
Where there is no valid nomination, legal heirs claim instead, and the employer will want proof of who the heirs are.
Evidence of Identity When a Gratuity Nominee's Name Does Not Match
Rule 8(3) of the 1972 rules lets the employer, when the claimant is a nominee or legal heir, ask for such witness or evidence as it thinks relevant to establish identity. That is where a name mismatch slows things down.
Carry the nominee's Aadhaar, the marriage certificate or other relationship proof, the employee's death certificate, and an affidavit that the name in the nomination and the name in Aadhaar belong to one person; see one and the same person affidavit.
The bank account receiving the money should be in the same name; see name change in bank records. A gazette is not normally needed for this.
Employer Refuses Gratuity: Apply to the Controlling or Competent Authority
Under rule 10 of the 1972 rules, if the employer refuses a nomination or a claim, pays less, or does not reply in time, the claimant can apply to the Controlling Authority within ninety days, and a late application can be accepted for sufficient cause.
Under the new Code the officer is called the competent authority, and reports say the application form is now Form VI under the central rules. For state sphere employers in West Bengal, the state Labour Department's officers deal with it.
A disputed claim is a lawyer's job. If you cannot afford one, the District Legal Services Authority gives free legal aid to eligible people.
Mistakes With Gratuity Nominations and Claims
Nicknames in the nomination
Use Aadhaar names.
No fresh nomination after marriage
The 1972 rules give 90 days.
Losing the nomination receipt
Keep your copy safe.
Bank account in another name
The payment follows the claim name.
Missing the 90 day appeal window
Apply in time or explain the delay.
Paying for a gazette
An affidavit usually does.
What to Do About a Gratuity Name Mismatch, in Order
Ask HR for your nomination copy
Check every name.
Compare with Aadhaar
Yours and each nominee's.
File a fresh or modified nomination
Especially after marriage.
Keep the receipt
With your papers.
At claim time, carry proof
Aadhaar, relationship proof, affidavit.
If refused, apply to the authority
Within ninety days.
Gratuity Nomination and Claim Name Mismatch: Frequently Asked Questions
How should I write my nominee's name for gratuity?
Exactly as the nominee's Aadhaar shows it, with relationship and date of birth.
Do I need a new gratuity nomination after marriage?
Under the 1972 central rules, an employee who acquires a family must file a fresh nomination within ninety days.
My wife's name on the nomination differs from her Aadhaar. What happens?
The employer may ask for evidence of identity. Carry Aadhaar, the marriage certificate and an affidavit linking the names.
How long does the employer have to pay gratuity?
Under the 1972 rules, payment is fixed no later than the thirtieth day after the application.
Who can claim gratuity after an employee dies?
The nominee, or legal heirs if there is no valid nomination.
What if the employer refuses the claim?
Apply to the Controlling Authority, now called the competent authority, within ninety days.
Are the gratuity forms still F, I, J and N?
Those are the 1972 central forms. Reports say the 2026 central rules under the new Code renumber them; state sphere employers may still use state rules.
Is a gazette needed for a gratuity claim?
Usually not. An affidavit and relationship proof normally do.
Can a nominee apply on plain paper?
The 1972 rules say a plain paper application with the right details is also accepted.
Who must be a nominee?
If you have a family, the nominees must be family members as the law defines them.
Which office handles gratuity disputes in West Bengal?
For state sphere employers, the state Labour Department; for central sphere employers, the central labour authorities.
Can I get free legal help if my claim is disputed?
Yes. The District Legal Services Authority in your district gives free legal aid to eligible people.
Official Sources for Gratuity Nomination and Claims
Payment of Gratuity (Central) Rules, 1972
labour.gov.in: rules 6, 7, 8 and 10 quoted here.
Code on Social Security, 2020
Overview: the law that replaced the 1972 Act.
Ministry of Labour and Employment
labour.gov.in: current rules and notifications.
UIDAI
uidai.gov.in: Aadhaar name update rules.
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Gratuity Name Mismatch: Make Your Nomination Match Your Family's Papers
Send us the names on your nomination and your family members' Aadhaar. Usually a fresh nomination or one affidavit is all that is needed, and we will tell you so. If a claim is stuck on a name, we will help prepare the affidavit and proof. Monday to Saturday, across West Bengal.