Back
HEMANT M. PRACHCHHAK
Deputy Executive Engineer, Public Health Works Sub Division – Appellant
Versus
Chandubhai Chelabhai Patel – Respondent
JUDGMENT :
Hemant M. Prachchhak, J.
1. By way of present petition under Article 226 & 227 of the Constitution of India, the petitioner has prayed for the following reliefs :
(b) YOUR LORDSHIPS be pleased to allow this Special Civil Application by way of passing appropriate order, writ, mandamus or directions or writ of certiorari quashing and setting aside the impugned order dated 18.06.2021 passed by the respondent No.2 - Appellate Authority in Appeal No.138/2020 as well as the impugned order dated 21.09.2020 passed by respondent No.3 in Gratuity Application No.56/2019;
(c) Pending the admission, final hearing and disposal of the present Special Civil Application be pleased to stay the implementation, execution & operation of the impugned order dated 18.06.2021 passed by the respondent No.2 - Appellate Authority in Appeal No.138/2020 as well as the impugned order dated 21.09.2020 passed by respondent No.3 in Gratuity Application No.56/2019;
(d) Be pleased to pass such other and further orders as the nature of the case may be required and the Honourable Court may deem thought fit to pass such order."
2. The bri
The right to interest on delayed gratuity payments is statutory and mandatory under Section 7(3-A) of the Payment of Gratuity Act, 1972.
The right to interest on delayed gratuity payments is statutory and mandatory under Section 7(3-A) of the Payment of Gratuity Act, 1972.
The main legal point established in the judgment is the statutory entitlement of an employee to interest on delayed payment of gratuity as per the provisions of the Payment of Gratuity Act, 1972.
Interpreting Act unequivocally indicate that payment of gratuity would not depend upon employee filing an application before employer demanding gratuity but will have to be paid immediately on cessat....
Interest under the Payment of Gratuity Act is due from the date of entitlement unless hindered by claim delays, resulting in dismissal of a petition for earlier interest claims.
The mandatory obligation of employers to pay gratuity within the specified timeframe includes the responsibility to pay interest on delayed payments, as established by the Payment of Gratuity Act.
Retiral benefits, including gratuity and pension, constitute vested property rights under Article 300A; delayed payment breaches the right to livelihood under Article 21, and employers must timely se....
Gratuity under the Payment of Gratuity Act, 1972 must include entire continuous service, including stop-gap employment, unless exempted by the appropriate Government.
The court established that compliance with statutory timelines for gratuity payments negates entitlement to interest on delayed payments when no timely claims are made.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
