HIGH COURT OF TRIPURA AGARTALA
BISWAJIT PALIT
Purabi Roy (Saha), W/o. Late Nepal Kanti Roy – Appellant
Versus
State of Tripura, To be represented by its Secretary, Department of Finance, Government of Tripura – Respondent
JUDGMENT :
BISWAJIT PALIT, J.
By means of filing this writ petition, the petitioner has prayed for the following reliefs:
i) Issue Rule upon the Respondents to show cause as to why a writ in the nature of Mandamus and/or order/orders and/or direction/directions of like nature shall not be issued whereby directing the Respondents to make the full and final payment of Gratuity with interest @ 9% per annum to the Petitioner w.e.f. the date on which gratuity became payable till date of payment after adjusting lump sum amount of Rs 8,47,900/- already paid.
ii) Issue Rule upon the Respondents to show cause as to why writ in the nature of Mandamus and/or order/orders and/or direction/directions of like nature shall not be issued whereby directing the Respondents to pay the Petitioner interest @ 9% per annum on Rs 1,80,827/-, w.e.f., 01.02.2019 to 23.10.2019.
iii) Issue Rule upon the Respondents to show cause as to why writ in the nature of Mandamus and/or order/orders and/or direction/directions of like nature shall not be issed whereby directing the Respondents to pay interest @ 9% per annum to the Petitioner Rs.1,24,592/- w.e.f. 01.02.2019 to 08.01.2020.
iv) Make the rules absolute.
v) Call fo
Employer must pay gratuity within 30 days of becoming payable; failure incurs liability for interest as per the Payment of Gratuity Act, 1972.
The right to interest on delayed gratuity payments is statutory and mandatory under Section 7(3-A) of the Payment of Gratuity Act, 1972.
Interpreting Act unequivocally indicate that payment of gratuity would not depend upon employee filing an application before employer demanding gratuity but will have to be paid immediately on cessat....
Employees are entitled to gratuity benefits under insurance policies that exceed statutory limits as per the Payment of Gratuity Act.
The entire duration of an employee's service is considered for Gratuity entitlements, and non-deposit of awarded Gratuity prevents appellants from successfully appealing against such claims.
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.
Entitlement to delayed gratuity payments includes the right to receive penal interest, reinforcing statutory obligations of payment by public authorities.
Gratuity entitlements exceed statutory limits if stipulated in insurance contracts, and banks are required to comply with contractual obligations under the Payment of Gratuity Act.
The mandatory obligation of employers to pay gratuity within the specified timeframe includes the responsibility to pay interest on delayed payments, as established by the Payment of Gratuity Act.
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.
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