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1988 Supreme(SC) 554

M.N.VENKATACHALIAH, RANGANATH MISRA
Charan Singh – Appellant
Versus
Birla Textiles – Respondent


Advocates:
ANIL GUPTA, B.N.SINGHVI, PARVIN KUMAR, RAJA RAM AGARWAL, VIVEK GAMBHIR

Judgment

RANGANATH MISRA, J. : - The short question in this appeal by special leave is whether the appellant-workman was entitled to interest on the gratuity due to him under the provisions of the Payment of Gratuity Act, 1972 (39 of 1972).

2. Appellant joined service under Respondent No. 1 in April, 1944 and was relieved from service on his resignation with effect from 24-5-1983. The employer did not determine the amount of gratuity payable to the appellant as required under S. 7(2) of the Act. On 7-6-1983, the appellant furnished an application in Form-I for payment of gratuity but no action was taken by the employer; then appellant approached the statutory controlling authority for determination of the amount of gratuity and requested that on the sum due interest may be paid. The employer contested the claim both in regard to gratuity as also interest. On 3-12-1984, the controlling authority determined the amount of gratuity at Rs. 16,380/- ad directed the Respondent No. 1 to pay the same along with compound interest of 9 per cent. Thereupon Respondent No. 1 challenged the order before the appellate Authority. The appellate Authority affirmed the determination of gratuity but set






















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