HON’BLE MRS JUSTI CE SUREPALLI NANDA

WRI T PETI TI ON No.33696 of 2023

ORDER:

Heard Sri Gurram Srinivas, learned counsel

appearing on behalf of petitioner and Sri P. Sri Harsha Reddy, learned Standing Counsel for Singareni Collieries Company Limited, appearing on behalf of respondent

Nos.1 and 2.

2. The petitioner approached the Court seeking prayer

as under:

“…to issue an order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in not paying interest on the belated payment of Gratuity of nearly more than 14 years i.e., from the date of the removal of the petitioner i.e., 11-03-2009 to till the payment of Gratuity amount on 13-11-2023, as highly illegal, irregular, contrary to the judgments passed by the Hon’ble Supreme Court and Hon’ble High Court in WP No. 5537 of 2006, dt. 23-08-2006, and Honble High Court of Tamilnadu in the case of K.Ganesan Vs. The Secretary to the Government, in WP No. 32462 of 2014, dt. 18.02.2019, and Honble Supreme Court in Civil Appeal No.7113 of 2014, of SLP (C) No. 25015 of 2011, dt. 01.08.2014, in the case of D.D.Tiwari (D) Thr. Lrs. Vs. Uttar Haryana Bijli Vitran Nigam Ltd., and Ors, and Division Bench of the Hon’ble High Court of Tamilnadu, at Madras,

in W.A.No.887 of 2007, dt. 17-12-2008, in the case of Government of Tamilnadu Vs. M.Daivasigamani, and also orders of the Apex Court in Civil Appeal No.5118 of 2009, dt. 27-07-2009, in the case of Kerala State Cashew Dev. Corp. Ltd., and Anr Vs. N.Asokan, and prays to direct the respondents herein to pay interest @ 18 (percent) on the belated payment of Gratuity, and also award compensatory damages to the petitioner for forcing him to approach this Hon’ble Court at the age of 72 years and pass...”.

3. The case of the petitioners, in brief, is that the petitioner was initially appointed on 06.11.1974 as General Mazdoor/ temporary channel mazdoor in the respondent company, thereafter the petitioner was promoted as Area Safety Manager. As the petitioner fell sick for a period of six months, the management issued removal order vide order dated 11.03.2009 and the authorities settled an amount of Rs., 16,72,038/- towards Provident Fund and paid to the petitioner. The petitioner made repeated requests to the authorities/company to release the Gratuity amount but the respondents did not sanction the same. On an earlier occasion, the petitioner filed W.P. No. 29518 of 2012 before this Court and this Court passed order dated 28.09.2022 to the respondents to pay the Gratuity amount to the petitioner. Thereafter the petitioner filed Contempt Case No. 1945 of 2023 and the respondents deposited an amount of Rs.8,98,058/- on 13.11.2023 in the bank account. The learned counsel for the petitioner contends that there had been inordinate delay of more than 14 years on the part of the respondent company for payment of gratuity i.e. from the date of removal i.e. 11.03.2009 to 13.11.2023 and hence the petitioner is seeking interest on the delay of the payment of gratuity amount as per the settled law and therefore the respondents are liable to pay interest on the delayed payment of gratuity for nearly more than 14 years and aggrieved by the same the petitioner filed the present writ petition.

4. Learned counsel appearing on behalf of the petitioner contended that the petitioner submitted representation dated 23.11.2023 to the respondents seeking payment of interest @ 18% on the delayed payment of gratuity for more than 14 years. The respondents however, in spite of receipt of the said representation dated 23.11.2023 had not acted upon the same and therefore, the petitioner is entitled for the relief as prayed for in the present writ petition.

5. Learned counsel appearing on behalf of respondents submits that the delay occurred not due to inactiveness on the part of the respondents but due to certain Court orders and hence the respondents cannot be burdened with the payment of interest on the gratuity amount and therefor