Legal Question in Workers Comp in India

gratuity / provident fund payment

As per labour laws spouse, minor child and ''dependent parent'' of the deceased are eligible to claim compensation. When the son was alive, the mother separated the son & daughter in law. She lived with husband- a police inspector in service- and one more son who is employed, in their own house with rental income from other portions also. How the mother can claim to be a ''dependent parent'', when (a) she was not living with the son; (b) lived with husband and other son both in gainful employment; (c) lived in own house and had rental income. The wife of the deceased had no gainful employment at the time of the death of the deceased and the first and only child was just 15days old. After separated from the parent, they lived separately. Request your opinion and if there is anything specific in law to define who is a dependent parent or any case law where circumstantial evidence / natural justice was employed to ascertain ''dependency'' of the mother, will be very helpful for me to take up the process with the judiciary. Your law of the land will also be a stimulus for the search I am doing in my own country. Thanks and Regards,--name removed-- Uncle of the child.

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