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MANISH MATHUR
Ram Kumar – Appellant
Versus
State Of Uttar Pradesh Thru. Addl. Chief Secy. Deptt. Agriculture Marketing/Foreign Trade Lko. – Respondent
JUDGMENT :
Hon'ble Manish Mathur, J.
1. Heard learned counsel for petitioners, learned State Counsel for opposite party no.1 and Mr. N. C. Mehrotra, learned counsel for opposite parties 2 to 4.
2. Petition has been filed challenging orders dated 14.09.2021 and 18.12.2021 whereby payment of interest due upon petitioners' contribution to Provident Fund has been restricted to a period of one year only from the date of superannuation.
3. Learned counsel for petitioners has submitted that petitioners superannuated from service on 31.12.2015 and 30.09.2016 respectively whereafter in terms of Section 4 of Provident Funds Act, 1925(hereinafter referred to as the Act of 1925), it was incumbent upon the authorities concerned to have made payment along with due interest on the contribution under Provident Fund Scheme. It is submitted that impugned orders have placed reliance on Regulation 6(4) of Uttar Pradesh Rajya Krishi Utpadan Mandi Parishad Contributory Provident Fund Regulations, 1978 (hereinafter referred to as the Regulations of 1978) to restrict payment of interest on the aforesaid Scheme only for a period of one year. Learned counsel for petitioners has thereafter adverted to the fact t
The court established that the provisions of the Provident Funds Act, 1925 impose a mandatory duty on authorities to pay interest on Provident Fund contributions without arbitrary restrictions based ....
The main legal point established in the judgment is the entitlement of employees to claim interest on the employee's share of provident fund and belated pensionary benefits under the Allahabad Bank (....
Section 7Q mandates 12% interest on delayed PF payments without discretion; enhancement requires prior notice.
Interest under Section 7Q of the Act is independent of damages under Section 14B, and claims regarding interest must be pursued in the pending appeal.
The court provides a directive for interest on delayed terminal benefits, establishing a rate of 6% per annum.
Court allowed payment of interest dues in installments, balancing hardship against enforcement.
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