question_answer

The term "“family”" is used to indicate different groups of persons who usually live together and are related to each other by marriage, birth or adoption. Sometimes it is used to indicate a small group of persons including only parents and their children. Some other times it is used to indicate a large group of persons including children, their parents, their grandparents, uncles, cousins, all the females who are married to anyone of them and also the adopted children. No matter the group that is referred as family is small or large, there is something that should be present among the members of the group for them to be treated as a “"family"”. There should be a degree of mutual interdependence, of the sharing of lives, of caring and love, or commitment and support. The relationship should not be transient superficial relationship.

From the legal point of view the expression “"family”" is of importance because there are some remedies, reliefs and benefits that are given to the family members of some persons under certain circumstances. Let us consider some examples where the expression "“family"” is important in law.

In the context of plantation labour, it is the duty of every employer to provide and maintain necessary housing accommodation for every worker (including his family) residing in the plantation. Section 2, Plantation Labour Act, 1951, thus, defines family as:

"“Family”", when used in relation to a worker means

(i) his or her spouse, and

(ii) the legitimate and adopted children of the worker dependent upon him or, who have not completed their eighteenth year [and includes parents and widow sister, dependent upon him or her]

In the context of an employee-making nomination under the Payment of Gratuity Act, 1972, the nomination can be made only in favour of a member of his/her family. Section 2(/0, Payment of Gratuity Act, 1972 defines family as:

(h) "“family"”, in relation to an employee, shall be deemed to consist of-

(i) in the case of a male employee, himself, his wife, his children, whether married or unmarried, his dependent parents [and the dependent parents of his wife and the widow] and children of his predeceased son, if any,

(ii) in the case of a female employee, herself, her husband, her children, whether married or unmarried, her dependent parents and the dependent parents of her husband and the widow and children other predeceased son, if any:

In the context of benefits to the employees when they are sick or injured, some benefits can go to the family members under the Employees State Insurance Act, 1948. Under Section 2(11) of this Act:

"“family"” means all or any of the following relatives of an insured person, namely:-

(i) a spouse;

(ii) a minor legitimate or adopted child dependent upon the insured person; (in) a child who is wholly dependent on the earnings of the insured person and who is-

(a) receiving education, till he or she attains the age of twenty-one years,

(b) an unmarried daughter;

(iii) a child who is infirm by reason of any physical or mental abnormality or injury and is wholly dependent on the earnings of the insured person, so long as the infirmity continues;

(iv) dependant parents, whose income from all sources does not exceed such income as may be prescribed by the Central Government;

(v) in case the insured person is unmarried and his or her parents are not alive, a minor brother or sister wholly dependant upon the earnings of the insured person;

Who can be nominated under the payment of Gratuity Act, 1972?

A) Any family member

B) Dependent parents

C) Dependent parents of wife

D) All the above