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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Durga Singh - Appellant
Versus
Uttarakhand Payjal Sansadhan Vikas Evem Nigam & Anr. - Respondents
Writ Petition (S/S) No. 1693 of 2021
Decided On : 28-12-2021
retiral dues - Employee's Rights - The court disposed of the writ petition in terms of a previous judgment, directing the payment of leave encashment and gratuity to the petitioner within specified timeframes, with the provision for interest in case of further delay.
Fact of the Case:
The petitioner, a retired employee, had not received the amount payable to him as retiral dues.
Finding of the Court:
The court disposed of the writ petition in terms of a previous judgment, directing the payment of leave encashment and gratuity to the petitioner within specified timeframes, with the provision for interest in case of further delay.
Issues: Non-payment of retiral dues to the petitioner.
Ratio Decidendi: The court relied on a previous judgment to dispose of the current writ petition, ensuring the payment of retiral dues to the petitioner within specified timeframes.
Final Decision: The court directed the payment of leave encashment and gratuity to the petitioner within specified timeframes, with the provision for interest in case of further delay.
JUDGMENT
Manoj Kumar Tiwari, J. - Petitioner was an employee of Uttarakhand Payjal Nigam and retired from the post of Chawkidar on 28.02.2021.
2. Learned counsel for the petitioner submits that that the amount payable to the petitioner as retiral dues has not been paid to him so far.
3. Mr. Bhuwanesh Joshi, learned counsel for the petitioner submits that similar controversy was decided by Division Bench of this Court vide judgment dated 03.09.2021 passed in WPSB No. 211 of 2021. He, therefore, prays that the writ petition be disposed of in terms of the said judgment.
4. Mr. B.S. Bisht, learned counsel for respondents also does not dispute this submission made by Mr. Bhuwanesh Joshi, Advocate on behalf of the petitioner.
5. Since both the parties are unanimous on the point that identical question has been decided in the aforesaid writ petition, therefore, this writ petition is also disposed of in terms of the judgment dated 03.09.2021 rendered in WPSB No. 211 of 2021 with the following directions:-
I. The amount payable as Leave Encashment shall be paid to the petitioner within three months from today.
II. The amount of Gratuity shall be paid to the petitioner within four months from today.
III. In case of any further delay on the part of respondent in clearing the dues, the amount shall carry interest at the rate of 8% per month.
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