AMBRISH DWIVEDI Vs. ANAND KUMAR SINGH

JUDGEMENT

(1.) Heard Sri Pradeek Kumar Tripathi, counsel for the applicants and Sri Lalit Shukla, counsel for the opposite party.

(2.) The present application for recall of the order dtd. 20/2/2024 passed by this Court in Contempt Application (Civil) No. 3413 of 2023 has been moved and the order dtd. 20/2/2024 is quoted hereinunder:

(3.) Learned counsel appearing for the applicants submits that the Writ A No. 6142 of 2022(Ambrish Dwivedi And Others Vs. State of U.P. and Ors) was filed with a prayer of payment of interest on delayed payment of the gratuity as well as leave encashment to the petitioners therein. The Writ Court while passing the order dtd. 8/5/2023 in the aforesaid writ petition, has noted the submission of counsel for the petitioners therein, that the petitioners retired in the year 2014 to 2020 whereas, the gratuity was paid in the month of August, 2021 and therefore, considering the facts and circumstances of the case and particularly, the provision of Sec. 7(3A) of payment of Gratuity Act 1972, directed the respondents to ensure the payment of interest @7% p.a. on the amount of delayed payment of gratuity, from the date of their retirement till the actual payment made to them, within period of three months. The Writ Court was conscious sufficiently and therefore, it was further provided that if amount is not paid within a period of three months, the same shall carry further interest @ 7% p.a. on the unpaid interest. He submits that this order was passed after hearing the parties and this has attend finality. The order dtd. 8/5/2023 passed in Writ A No. 6142 of 2022 is read as follows: