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2003 Supreme(SC) 140

ARIJIT PASAYAT, SHIVARAJ V.PATIL
H. Gangahanume Gowda – Appellant
Versus
Karnataka Agro Industries Corpn. LTD. – Respondent


JUDGMENT

Shivaraj V. Patil, J.-Leave granted.

2. A limited point that arises for consideration and decision in this appeal is whether Division Bench of the High Court having found the appellant entitled to interest on belated payment of gratuity was right in denying the same holding that the discretion exercised by the learned Single Judge in that regard was not arbitrary.

3. While in service, the appellant and few other officials were kept under suspension in March, 1999. Aggrieved by the same, the appellant and others filed writ petition Nos. 11893-11898 of 1999 inter alia contending that order of suspension passed was one without authority of law and without application of mind. After service of notice in the writ petitions, the respondent-Corporation realizing that it was not possible to support the said order of suspension, withdrew the same by an order dated 21-5-1999. Taking note of the order dated 21-5-1999 revoking the suspension, the High Court disposed of the writ petitions as having become infructuous, however, reserving liberty to the writ petitioner to approach the High Court for seeking appropriate relief, if necessary. The appellant reached the age of superannuation on






















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