Retiral benefits are entitled dues that must be disbursed by the employer in accordance with law, and administrative shortages of funds do not justify indefinite withholding of such payments.

Order on Board

1. Petitioner has filed this writ petition seeking following reliefs:-

"10.1 This Hon'ble Court may graciously be pleased to issue a writ of mandamus or of like nature of writ by directing the respondents to release all retiral dues including, provident fund, gratuity, leave encashment etc. and other retiral dues with interest @ 12% per annum on the delayed payment in favour of the petitioner.

10.2 Any other relief, which is deemed fit and proper may also be awarded to the petitioner along with the cost of petition."

2. Learned counsel for petitioner submits that petitioner stood retire from the post of Labour w.e.f. 31.08.2024 however, entire retiral dues has not been paid to petitioner even after lapse of about 01 year and therefore direction be issued to the respondents- Corporation to disburse entire retiral dues to petitioner forthwith.

3. Learned counsel for the respondents submits that after receipt of advance copy of the petition, he has sought instructions from the concerned authorities. He submits that there is no dispute with the entitlement of petitioner for retiral dues. He further submits that amount of retiral dues could not be disbursed on account of shortage of funds. However, on instructions, he submits that the retiral dues payable to petitioner will be cleared within a period of three months.

4. On due consideration of nature of grievance raised, submission made by learned counsel for respective parties, this writ petition at this stage is dispose off, directing Respondents to consider and take decision on the claim of petitioner and to disburse the retiral dues for which petitioner is entitled, in accordance with law, within a further period of 03 months from today.

5. It is for the counsel for respondents to inform the respondents about passing of order by this Court.

6. With the aforesaid observation and direction, this writ petition is disposed of.