UPSRTC Vs. MOHD RAIS KHAN

JUDGEMENT

(1.) By the Court.-The present special appeal has been filed against the judgment and order dated 4.4.2007 passed by the learned Single Judge wherein, while allowing the writ petition preferred by the contesting respondent, a direction was issued to the present appellants to pay 12% simple interest to the respondent on the delayed payment of gratuity from a date of one month after his retirement till the amounts were actually paid. Interest would be payable on each of the three instalments of gratuity paid.

(2.) We have heard Sri Samir Sharma, learned counsel for the appellant and Sri Gulrej Khan appearing for the respondents and have perused the impugned judgment and order dated 4.4.2007 passed by the learned Single Judge giving rise to the present appeal as also the documents filed alongwith the memo of appeal.

(3.) Sri Samir Sharma, learned counsel submitted that the claim of interest is hit by the principles of constructive res judicata as in Writ Petition No. 55594 of 2000, the contesting respondents had not claimed payment of interest which should have been claimed in the earlier writ petition. We find that even though the contesting respondents had not claimed payment of interest in the year 2000 in the writ petition filed in the year 2000 but, this Court had not adjudicated the claim regarding payment of gratuity relating to the contesting respondent. Moreover, it is not denied that the contesting respondent retired on 31.1.1999 and the amount of gratuity was not paid immediately in accordance with the scheme of Payment of Gratuity Act, 1972, thus, forcing the contesting respondent to approach this Court on a number of occasions to get the retiral dues.