Allowed

Brij Lal v. the Himachal Pradesh Tourism Development Corporation Ltd. and Anr.

Himachal Pradesh HC7 Mar 2022CWP/920/2022

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh disposed of writ petitions filed by retired employees of HPTDC seeking gratuity and leave encashment. Directing payment within six months along with actual interest, the Court added a condition for 9% per annum penalty interest if payment is delayed beyond six months.

What did the court decide?

Respondents directed to pay gratuity and leave encashment within six months with actual interest; 9% per annum penalty interest applicable for delays beyond six months.

Brij Lal Vs the Himachal Pradesh… — Pension and Retirement Benefits | Himachal Pradesh HC (2022)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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ON THE 7^th DAY OF MARCH, 2022

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BEFORE

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HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,

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CHIEF JUSTICE

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HON’BLE MS. JUSTICE JYOTSNA REWAL DUA

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CIVIL WRIT PETITION Nos.920 & 922 of 2022

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Between:-

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BRIJ LAL

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SON OF LATE SHRI BALAK RAM RESIDENT OF WARD NO.3, VILL & P.O. ARKI, TEHSIL ARKI, DISTT. SOLAN, HP.

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…..PETITIONER

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( BY OM PARKASH GOEL, ADVOCATE )

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AND

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1. THE HIMACHAL PRADESH TOURISM DEVELOPMENT CORPORATION LTD. THROUGH ITS MANAGING DIRECTOR, RITZ ANNEXE, SHIMLA-171 001.

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2. SENIOR ACCOUNTS OFFICER, HPTDC, RITZ ANNEXE, SHIMLA-171001.

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…..RESPONDENTS

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(BY SH. NARESH KAUL, ADVOCATE)

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2. CWP No.922 of 2022

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BALAK RAM SON OF SHRI BASANT RAM, RESIDENT OF VILL. JIALANG, P.O. KHARARHTTI, TEHSIL ARKI, DISTT. SOLAN, H.P.

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…..PETITIONER

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( BY OM PARKASH GOEL, ADVOCATE )

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AND

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1. THE HIMACHAL PRADESH TOURISM DEVELOPMENT CORPORATION LTD. THROUGH ITS MANAGING DIRECTOR, RITZ ANNEXE, SHIMLA-171 001.

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2. SENIOR ACCOUNTS OFFICER, HPTDC, RITZ ANNEXE, SHIMLA-171001.

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..… RESPONDENTS

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(BY SH. NARESH KAUL, ADVOCATE)

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These petitions coming on for orders this day,

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Hon’ble Mr. Justice Mohammad Rafiq, passed the following:

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O R D E R

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These writ petitions have been filed by petitioners, who

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had retired from the service of the respondents–Himachal Pradesh

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Tourism Development Corporation (HPTDC), with the prayer that the

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respondents may be directed to pay the amount of Gratuity and Leave Encashment alongwith interest for the delay on the part of the respondents.

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Reliance has been placed on the judgment passed by a Division Bench of this Court in CWP No. 3050 of 2014, titled Nek Ram versus State of Himachal Pradesh and others , decided on 17.07.2014 and also on a subsequent order of this Court dated 25.08.2021, passed in CWP No. 4377 of 2021, titled Sh. Subhash

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Chand versus The Himachal Road Transport Corporation , Shimla and others alongwith connected matters, in which, the respondents were directed to pay the retiral benefits to the petitioners within a period of six months. In case, the required retiral benefits are not paid to the petitioners within the aforesaid period of six months, then in addition to the due statutory benefits, the petitioners shall also be paid interest at the rate of 9% per annum beyond the period of six months till the date of actual payment.

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In another subsequent order of this Court passed in CWP No. 6034 of 2021 , titled Ram Lal versus The Himachal Pradesh Tourism Development Corporation Ltd. and another and the connected matter, decided on 23.11.2021, the respondents were directed to make payment of gratuity to the petitioners within a

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period of six months from the date of passing the order. In the event of non-payment of due amount, the petitioners were held entitled to differential amount of interest between the amount of interest statutorily payable to the petitioners as per the Payment of Gratuity Act and the interest at the rate of 9% per annum for the period of delay beyond six months.

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While disposing of Review Petition No.110 of 2021 on 25.11.2021, preferred against the order dated 09.11.2021 passed in

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CWP No.6928 of 2021 , in which, the aforesaid order dated 25.08.2021 passed in CWP No.4377 of 2021 was relied upon, this Court has clarified the aforesaid order in the terms that the respondent-Corporation shall be liable to pay entire retiral dues of the petitioner, including gratuity, arrears of pension and leave encashment alongwith prescribed rate of interest, within a period of six months from the due date till the actual payment is made.

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We are, therefore, persuaded to dispose of these writ petitions with a direction to the respondents to pay gratuity and leave encashment to the petitioners with actual rate of interest as per applicable rules, till the time of actual payment, which shall be paid to them within a period of six months from today. The due amount of payment, if delayed beyond six months, shall be paid with interest to

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the rate of 9% per annum till the date of its actual payment. The writ miscellaneous petitions stand disposed of in the above terms, so

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also the pending application(s), if any.

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Mohammad Rafiq ) Chief Justice

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March 7, 2022 (vt)

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( Jyotsna Rewal Dua ) Judge