K K BAJPAYEE Vs. SOUTH EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) The grievance of the petitioner is that though the petitioner had superannuated from service of the respondents on 31.10.2013, he was paid gratuity only on 15.07.2014 that too after the petitioner had approached the Controlling Authority under the Payment of Gratuity Act for releasing of the gratuity amount.

(2.) Learned counsel for the petitioner submits that though there is an award in favour of the petitioner by the Controlling Authority for releasing of the gratuity, but the respondents though have deposited the entire amount awarded, but has not granted interest on the said amount which he is otherwise entitled for. He referred to the provisions of Sub-section (3A) of Section 7 of the Payment of Gratuity Act, 1972 (in short, the Act, 1972) wherein it has been mentioned that in case of delay, the employer shall pay from the date on which the gratuity becomes payable, simple interest as notified by the State Govt. from time to time. The petitioner thus is legally entitled for interest on the said delayed payment of gratuity.

(3.) The counsel for the respondents opposing the petition submits that firstly the petition is not maintainable for not availing statutory alternative remedy that he had by way of preferring an appeal. Secondly, the petitioner would not entitled for interest on the gratuity amount for the reason that his gratuity was withheld for his own fault as he had not vacated the official accommodation that he was granted while in service. That, unless he vacated the accommodation, no due certificate would not be furnished which was a necessary formality for release of gratuity amount. The respondents also submits that the controlling authority who has decided the case in favour of the petitioner also has not awarded interest to the petitioner.