BISRAM ARAK Vs. EASTERN COALFIELDS LTD

JUDGEMENT

(1.) The writ petitioner has twofold grievances: (i) benefits on account of gratuity were not paid to him for full length of his service, (ii) no interest was paid for delay in paying the benefits on account of gratuity.

(2.) There is no dispute that the petitioner retired from the service of the company with effect from May 17th, 2000. In December 1999 the company directed him to submit the necessary papers for payment of gratuity. It is not the case of the respondents that for laches on the part of the petitioner the benefits on account of gratuity could not be paid on May 17th, 2000. There is also no dispute that in two installments a sum of Rs. 2,67,247/- was paid to the petitioner on account of benefits of gratuity. Payments were made on February 1st, 2001 and October 9th, 2002.

(3.) The writ petition was taken out on January 7th, 2003. The petitioner alleged that though he was entitled to get the benefits on account of gratuity for 45 years, for undisclosed reasons the company paid the benefits for 42 years. He also contended that in view of the Apex Court decisions, including the one in Vijay L. Mehrotra v. Sfate of U.P. & Ors., reported at AIR 2000 SC 3513, the company was under the obligation to give interest for delay in paying the benefits on account of gratuity.