O R D E R

SLP (C) No. 4468/2022

1. Challenging the judgment dated 18.11.2021 passed by the High Court of Orissa in Writ Appeal No. 322 of 2019 maintaining the order of the learned Single Judge granting interest on the delayed payment of gratuity @ 6% per annum in place of 10%, the petitioner is before this Court.

2. We have heard learned counsel for the parties. During hearing, it is brought to our notice that the interest on the amount of gratuity shall be payable as per the notifications issued by the Central Government under the provisions of Payment of Gratuity Act . The notification which was in vogue at the relevant period is of interest payable on gratuity @ 10%

per annum.

3. It is contended that on account of a dispute of applicability of the provisions of the Payment of Gratuity Act , the payment of gratuity was delayed, therefore, urged by the respondent that interference in the order is not warranted.

4. In our view, the said argument is of no substances, in particular where an employee retires and he has to receive the gratuity belatedly, the interest would be payable as per the notifications issued by the Central Government without having any excuse. Therefore, the directi