M.VALASUBRAMANIAN Vs. THE EXECUTIVE OFFICER

JUDGEMENT

(1.) Heard Mr.J.Lawrance, learned counsel for the appellant and Mr.PMahendran, learned Standing Counsel for the respondent.

(2.) This Writ Appeal, filed by the Writ Petitioner, is directed against that portion of the order dated 17.02.2021 in W.P.(MD) No.743 of 2021, in and by which, the Hon'ble Court restricted payment of interest on the belated payment of gratuity amount from the date of order passed by the Controlling Authority under the Payment of Gratuity Act.

(3.) In terms of Section 7(3) of payment of Gratuity Act, 1972, the employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable. The appellant attained the age of superannuation on 31.05.2018. Therefore, the Gratuity ought not to have been settled not later than 01.07.2018, but was not settled and the appellant had to approach the Controlling Authority under the Act for computation of Gratuity and an order was passed on 21.02.2019 to make payment of Gratuity in PG.No.128 of 2018. The said order has attained finality and the respondent did not challenge the said order. Inspite of direction by the Controlling Authority, since the Gratuity was not settled the Writ Petition was filed. The Writ Petition was disposed of by directing payment of Gratuity, but restricted payment of interest from the date of order passed by the Controlling Authority. The correctness of the same is questioned before us .