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ARINDAM LODH
Asish Kanti Saha – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
1. Since common questions of law and facts are involved, all the writ petitions are taken up together for disposal at the admission stage itself by this common judgment on the consent of learned counsels appearing for the parties.
2. In all the writ petitions the petitioners have prayed for a direction from this court upon the respondents to cause full and final payment of gratuity to the petitioners after adjusting the partial payment already made to them. They have also prayed to direct the respondents to give interest @ 9% per annum on the amount that has been already paid to them. The petitioners were working under the respondent nos. 3 and 4, and on attaining the age of superannuation they have retired on different dates. Necessary particulars in respect of their dates of retirement and claims are mentioned in the table below:
| Sl. No. | Name of the petitioner in connected writ petition | Date of retirement | Entitled amount of gratuity |
| 1. | Sri Ashish Kanti Saha, WP(C) No. 544 of 2022 | 30.09.2021 | Rs. 20,13,327/- |
| 2. | Sri Nikhil Das, WP(C) 545 of 2022 | 31.08.2021 | Rs. 15,50,050/- |
| 3. | Sri Nirode Debbarma, WP(C) 546 of 2022 | 31.10.2021 | Rs. 16,44,593/- |
3. Ms. A. Deb
The court held that under the Payment of Gratuity Act, retirees are entitled to full gratuity payments up to Rs.20,00,000 with interest of 7.5% due to untimely payments.
The amendment of the Payment of Gratuity Act to increase the ceiling limit entitles retired employees to receive additional gratuity payments under the updated provisions.
Employees are entitled to gratuity payments as per revised ceiling limits established by the Payment of Gratuity (Amendment) Act, 2018, regardless of employers' financial constraints.
An employer must pay gratuity within 30 days and is liable for interest if delayed, regardless of an employee's application.
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.
Delayed payment of gratuity under the Payment of Gratuity Act, 1972 incurs interest at 7% per annum, and statutory revisions to gratuity entitlements must be honored.
The right to interest on delayed gratuity payments is statutory and mandatory under Section 7(3-A) of the Payment of Gratuity Act, 1972.
Employer must pay gratuity within 30 days of it becoming due, with interest chargeable after this period, regardless of employee application.
Entitlement to delayed gratuity payments includes the right to receive penal interest, reinforcing statutory obligations of payment by public authorities.
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.
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