Award of Interest – High court not granted interest on delayed payment of Pension and Gratuity wrongly withheld – Apex court held that the respondents have erroneously
withheld payment of gratuity amount for which the appellants herein are entitled in law for payment of penal amount on the delayed payment of gratuity under the provisions of the Payment of Gratuity Act, 1972. and held that we award interest at the rate of 9% on the delayed payment of pension and gratuity amount from the date of entitlement till the date of the actual payment. If this amount is not paid within six weeks from the date of receipt of a copy of this order, the same shall carry interest at the rate of 18% per annum from the date of amount falls due to the deceased employee. =
learned single Judge passed in
C.W.P. No. 1048 of 2010 wherein he was not awarded interest for the delayed
payment of pension and gratuity amount, for which he was legally
entitled to. Therefore, the appellant approached this Court for grant of
interest on the delayed payment on the retiral benefits of pension and
gratuity payable to him by the respondents.=
It is needless to mention that the respondents have erroneously
withheld payment of gratuity amount for which the appellants herein are
entitled in law for payment of penal amount on the delayed payment of
gratuity under the provisions of the Payment of Gratuity Act, 1972. Having
regard to the facts and circumstances of the case, we do not propose to do
that in the case in hand.=
we award interest at the rate of 9% on
the delayed payment of pension and gratuity amount from the date of
entitlement till the date of the actual payment. If this amount is not
paid within six weeks from the date of receipt of a copy of this order, the
same shall carry interest at the rate of 18% per annum from the date of
amount falls due to the deceased employee.
2014 – Aug.part – http://judis.nic.in/supremecourt/filename=41799
Discussion
Comments are closed.