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HARSIMRAN SINGH SETHI
Rama Nand Chugh – Appellant
Versus
Haryana State Warehousing Corporation – Respondent
JUDGMENT :
Mr. Harsimran Singh Sethi, J.
CM No. 16671-C-2016
Present application has been filed for seeking condonation of delay of 654 days in re-filing the appeal.
Keeping in view the averments made in the application, which are duly supported by an affidavit, the application is allowed and delay of 654 days in re-filing the appeal is condoned.
RSA-6355 of 2016
1. The present regular second appeal has been filed challenging the judgment and decree of the trial court dated 30.08.2012 as well as judgment and decree of the lower appellate court dated 06.10.2014 by which the appellant-plaintiff has not been granted the interest on the delayed release of the pensionary benefits.
2. Certain facts may be noticed for the correct appreciation of the issue in hand.
3. The appellant-plaintiff retired from service on attaining the age of superannuation on 30.04.2008. At the time when the appellant-plaintiff retired, a charge-sheet dated 22.03.2007 as well as another memorandum dated 23.06.2005 were pending consideration with the department. After the retirement of the appellant-plaintiff, another notice for recovery was served on 12.01.2009 due to which, pensionary benefits of the appellant-plaintif
An employee found innocent of allegations and prejudiced by the actions of the employer is entitled to interest on delayed pensionary benefits, in line with settled legal principles.
Entitlement to interest on delayed release of pensionary benefits and arrears of salary based on the established legal principles.
Interest on delayed release of pensionary benefits can only be paid if the benefits were withheld without valid justification and without fault on the part of the employee.
The main legal point established is that when an employee's money has been used by the respondents, interest has to be given, especially if the employee has suffered prejudice due to the actions of t....
Pensionary benefits cannot be withheld if there are no pending charge sheets at the time of retirement, and the employee is entitled to interest on delayed release of benefits.
An employee is entitled to interest on delayed release of pensionary benefits as per the settled legal principles.
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