JYOTISHBHAI GOVINDPRASAD THAKORE Vs. BANK OF INDIA

JUDGEMENT

(1.) In the order dtd. 23/8/2016, this Court has recorded that the petitioner has been paid the amount of gratuity as well as the amount of provident fund. The petitioner has filed affidavit stating that an amount of Rs.58,195.00.00.00.00=58 towards the payment of provident fund and the amount of Rs.22,500.00 towards the gratuity was paid on 9/12/2015 and 8/12/2015 respectively.

(2.) Learned advocate Mr.Dipen Desai, appearing for the petitioner has submitted that the petitioner was terminated on 18/8/1987 and despite his termination, he was entitled for the aforesaid amount from 18/8/1987 and since such amount has been paid belatedly, the petitioner is entitled to at least 10% interest for the period of 27 years.

(3.) In response to the aforesaid submissions, learned advocate Mr.Nirav Joshi, appearing for the respondent-Bank has submitted that the petitioner would be entitled to interest on the provident fund as per the Provident Fund Regulations of the concerned Bank from 7/3/2005, as he has filed application claiming the said amount from such date. So far as the amount of gratuity is concerned, he has submitted that the petitioner would be entitled to 10% interest from the year 2005, as per the provisions of Sec. 7 of the Payment of Gratuity Act. Reliance is placed by him on Sec. 4(6) of the Payment of Gratuity Act, which empowers the employer to withdraw the gratuity amount who was been terminated from service after issuing notice, however he has very fairly submitted that in this case, no notice was issued by the respondent-Bank and, therefore, the respondent-Bank had to pay the gratuity amount to the present petitioner. No further submissions are advanced.