BACHOO RAM Vs. JHARKHAND STATE ELECTRICITY BOARD

JUDGEMENT

(1.) VIDE order dated 09th March, 2005, a direction was issued to the Respondents to pay the admitted retiral dues alongwith interest. It was further observed that if any further amount is found payable, then appropriate order shall be passed for payment of admitted retiral dues together with interest. It has been reported by the learned Counsel appearing for the parties that all retiral dues have been paid except the interest on the retiral dues, from the date of retirement till the date of payment.

(2.) MR . R. Krishna, learned Counsel appearing for the Respondent -Board, submitted that interest on G.P.F. is payable only up to six months after the month in which such amount became payable. He has relied upon Rule 14(4) of the Bihar G.P.F. Rules, 1938, which reads as under: 14 (4) In addition to any amount to be paid under Rules 29, 30, or 31, interest thereon upto the end of the month preceding that in which the payment is made, or upto the end of the sixth month after the month in which such amount became payable, whichever of these periods be less shall be payable to the person to whom such amount is to be paid: Provided that where the Accounts Officer has intimated to that person (or his agent) a date on which he is prepared to make payment in cash, or has posted a cheque in payment to that person interest shall be payable only upto the end of the month preceding the date so intimated, or the date of posting the cheque, as the case may be.[Note. - Interest may be paid on sums at the credit of the subscribers in the fund for any period beyond six months and the following officers will be competent to authorize such payments:

(3.) IN view of the above circumstances, the contention of the learned Counsel appearing for the Respondents cannot be accepted. Petitioner is also entitled to interest on delayed payment of Gratuity on the same principles as also in accordance with the provisions of Section 7(3A) of the Payment of Gratuity Act, 1972, if the amount is not paid within 30 days from the date, it becomes payable. In view of these provisions of law, petitioner is found entitled to interest from one month after the retirement till the amount is actually paid.