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JASGURPREET SINGH PURI
Banarsi Dass – Appellant
Versus
State of Haryana – Respondent
Judgment
Mr. Jasgurpreet Singh Puri, J.
The present petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of Mandamus directing the respondents to release gratuity, leave encashment and security amounting to Rs.2,22,000/- to the petitioner alongwith interest from the due date till its payment.
2. Learned counsel for the petitioner has submitted that the petitioner was working as a Store Keeper in the respondents-Department/HAFED and he was compulsorily retired from the service on 25.07.2005. After the retirement of the petitioner, his entire retiral benefits i.e. gratuity and leave encashment were not paid to him and were adjusted towards an amount of Rs.16,32,881.24/- which was stated to be a recoverable amount from the petitioner and it was also decided that surcharge proceedings will be initiated against the petitioner. Thereafter the respondents-department filed surcharge proceedings under Section 101 of the Haryana Cooperative Societies Act 1984 (hereinafter to be referred to as the Act) against the petitioner to recover an amount of Rs.4,97,013/-. He further submitted that prior to his retirement, there was a punishm
The court established that employees are entitled to interest on delayed retiral benefits and deprecated the practice of seeking affidavits to waive interest and withdraw cases.
Gratuity is exempt from attachment and cannot be withheld pending surcharge proceedings under the A.P. Cooperative Societies Act, 1964.
Writ petition decision underscores that withholding terminal benefits violates statutory rights under labor law, mandating their release with interest.
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