MULTI STATE CO Vs. GIRIJA TIWARI

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the order passed in W.P.(S) No.5617 of 2012, whereby the learned Single Judge directed the appellant-Bank to calculate the respondent's entire dues, including the admitted arrears of salary and the amounts of gratuity and leave encashment within six weeks from the date of receipt/production of a copy of the order passed in W.P.(S) No.5617 of 2012. The learned Single Judge has also held that if the admitted dues of the respondent is not paid within the stipulated period, the respondent shall be entitled to get compensatory interest at the rate of 10% per annum, in addition to the statutory interest.

(2.) The respondent was appointed as Assistant in the appellant- Bank and joined the said post on 20.1.1972. After attaining the age of superannuation, the respondent has superannuated from the post of Senior Assistant on 28.2.2009. Since the arrears of salary for the period of 34 months i.e. from June, 2004 to Dec., 2007 amounting to Rs. 3,99,410.00, as well as C.P.F. and other retiral dues were not paid to him, the petitioner-respondent has filed the writ petition. Before the learned Single Judge, the appellant-Bank has submitted that there is no dispute regarding the respondent's claim but the payment could not be made due to the financial crisis and that the payment would be made to the petitioner-respondent in chronological order of the date of superannuation of the various employees of the Bank. The learned Single Judge however directed the appellant-Bank to pay the admitted arrears of salary and the amounts of gratuity and leave encashment to the respondent, as stated in para-1.

(3.) Being aggrieved by the order passed in W.P.(S) No.5617 of 2012, the appellant-Bank has filed this Letters Patent Appeal.