LEELADHAR PURIA Vs. GENERAL MANAGER WCL

JUDGEMENT

(1.) WITH consent of learned counsel for the parties, the petition is finally heard.

(2.) ORDER dated 14.10.2009 passed by the Appellate Authority under Payment of Gratuity Act, 1972 to the extent it modifies the order dated 11.06.2009 passed by the controlling Authority under Payment of Gratuity Act, 1972 of granting interest on the gratuity is being assailed vide present writ petition.

(3.) EMPLOYED as Senior Technical Inspector with respondent Western Coal Fields ltd. petitioner tendered his resignation from services on 04.11.1998. and contested Madhya Pradesh State Assembly Election and elected as member of legislation Assembly. The petitioner was prosecuted by the Central Bureau of Investigation under Section 420,468 read with Section 120 B of the Indian Penal Code and Section 5 (l)(d) read with Section 5(2) of Prevention of Corruption Act, 1947. The prosecution ended in acquital on 26.10.2007. During all these years i.e. from 1998 the petitioner did not apply for service gratuity. The application for gratuity vide form -I was filed on 09.02.2009 whereon the respondents prepared a cheque of Rs.1,58,470/ - vide cheque No.412427 dated 16.03.2009. The petitioner, however, preferred an application before the Controlling Authority under Section 7(4) of 1972 Act. The Controlling Authority while affirming the entitlement of the petitioner of an amount of Rs. 1,58,470/ - towards gratuity also directed for payment of Rs. 166394/ - interest @ 10% per annum from 04.11.1998 till 07.05.2009 on a finding that the employer was guilty of delayed payment. The reason find mention in the conclusion arrived at by the Controlling Authority vide order dated 11.06.2009 in the following terms: