Retired employee sought interest on delayed gratuity payment under Section 7(3A) of the Payment of Gratuity Act, relying on an earlier writ order. Court permitted a fresh representation to be decided in line with earlier directions, with payment within six weeks if entitled.
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Neutral Citation No. - 2024:AHC-LKO:1563
Court No. - 17
Case :- WRIT - A No. - 58 of 2024
Petitioner :- Prithvi Nath Pandey Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Dairy Development U.P. Lko. And 2 Others Counsel for Petitioner :- Prashant Chandra Counsel for Respondent :- C.S.C.,Shanker Lal
Hon'ble Manish Mathur,J.
Heard learned counsel for the petitioners, learned Standing Counsel for respondent no. 1 and Shri Shankar Lal, learned counsel appearing for respondent nos.2 & 3.
With the consent of learned counsel appearing for the contesting parties, the writ petition is finally being disposed of.
Present petition has been filed stating that although the petitioner has been paid the amount of gratuity, the interest has not been paid to which the petitioner is entitled by virtue of Section 7(3A) of the Payment of Gratuity Act.
It is submitted that aforesaid issue has already been decided by this Court in Writ Petition No.22370 (S/S) of 2021 vide order dated 25.10.2021. The said judgment has been upheld in Special Leave Petition No.8395 of 2022.
In view of aforesaid, liberty is granted to petitioner to file a fresh representation before the authority concerned who shall consider and decide the same in view of directions issued in Writ Petition No.22370 (S/S) of 2021 in case petitioner is similarly entitled. In case petitioner is found entitled actual payment of same shall be made within a period of six weeks thereafter.
The petition stands disposed of.
Order Date :- 8.1.2024 prabhat
Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the petitioner is entitled to interest on gratuity not paid, per Section 7(3A) of the Payment of Gratuity Act and prior court directions.
1 provisions across 1 enactments
Prithvi Nath Pandey
State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Dairy Development U.P. Lko.
Respondent No. 2
Respondent No. 3
Manish Mathur
As recorded by the court registry
2 orders share this CNR
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