STATE OF GUJARAT Vs. JAMNABEN R TAVAR

JUDGEMENT

(1.) THIS Letters Patent Appeal has been filed challenging the judgment and order dated 27.1.2009 passed by the learned Single Judge in Special Civil Application No.16121 of 2005.

(2.) WE have heard learned counsel for the parties. Though served, none appears on behalf of respondent no.2. The respondents herein had filed the captioned writ petition before the learned Single Judge claiming the benefits of Gratuity and Leave Salary with interest for the services rendered by them under the appellants. The learned Single Judge disposed of the writ petition by making the following observations in Paras ? 3 to 6:

(3.) THERE is no any reasonable ground as to why despite two decisions and despite the Government Resolution in this behalf, the petitioner is allowed to suffer from nonpayment of legitimate dues of gratuity. It is, therefore, undoubtedly a case for delay without any reason for nonpayment of legitimate dues of the employee, in so far as payment of gratuity is concerned. In the aforesaid decisions, the rate of interest for delayed payment is approved and granted at the rate of 18% p.a. with cost of Rs.5,000/- and this Court is in full agreement with the proposition laid down in two earlier decisions referred hereinabove, so far as, the quantum of interest is concerned and the quantum of cost is concerned.