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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. =CIVIL APPEAL NO. 7113 OF 2014 (Arising out of SLP (C) No. 25015 of 2011) D.D. TEWARI(D) THR. LRS. ……APPELLANTS VERSUS UTTAR HARYANA BIJLI VITRAN NIGAM LTD. & ORS. …RESPONDENTS = 2014 – Aug.part – http://judis.nic.in/supremecourt/filename=41799

  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

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