Kulwant Singh Vs Punjab State Federation of Cooperative Sugr Mills Ltd.

The present writ petition has b een filed under Article 226/2 2 7 of the Con s titution of India with a prayer f o r issuance of an appropriate w r it or order in the nature of mandamus direct i ng the respondent to release t h e withheld re t iral dues of the petitioner along with interest @ 12% per annu m . 2. Learned counsel for the petitioner inter alia contends that t h e petitioner r e tired from the service on 30.04.2008 and his retiral benefits we r e not release d . On 19.05.2009 learned Arbitr a tor passed the award against t h e petitioner a nd some other officers where b y a sum of Rs.6,17,772.50 w a s ordered to b e recovered from them in equal share. On 29.11.2010, the appe a l filed by th e petitioner was allowed and he stands exonerated. Thereafter, a revision p e tition was filed under Sectio n 69 of the Punjab Cooperati v e

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PUNEET CHAWLA 2025.11.07 14:21 I attest to the accuracy and integrity of this document

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2

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CWP- 2 097-2022

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Societies A ct, 1961 against the order of le a rned Appellate Authority, whi c h was dismi s sed. Again, Gurdaspur Coope r ative Sugar Mills Limited fil e d CWP-2661 0 -2016 before this Court which was also dismissed by this Cou r t on 17.08.2 0 23 during the pendency of t h e present writ petition. Furthe r , Intra-Court Appeal bearing LPA-1912-20 1 3 filed against the order pass e d by this Co u rt was also dismissed by the D ivision Bench of this Court. A s such, petiti o ner is entitled to interest on t h e delayed payment in releasi n g retiral dues .

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Per contra , learned Senior Co u nsel for respondent submits th a t gratuity of the petitioner has already be e n released and only the lea v e encashmen t was withheld, however, he is n ot in a position to controvert t h e fact that th e order of the appellate authori t y has been upheld upto the lev e l of this Cou r t by a Division Bench in LPA-1912-2023. 4. Having heard the submissions made by learned counsel for t h e parties and after perusing the record with t heir able assistance, it transpir e s that the pe t itioner retired on 30.04.2008 a nd during the pendency of t h e present writ petition, this Court in CWP- 2 6610-2016 and LPA-1912-20 2 3 has upheld the order passed by the Appel l ate Authority on 29.11.2010. A s such, the p etitioner is not only entitled t o the due amount on account o f leave enca s hment but also entitled to int e rest on the delayed payment i n terms of ju d gment rendered by a Full Benc h of this Court in A.S. Randhaw a r (supra) w h erein it was opined that dis b ursement of pension and oth e benefits pa y able at retirement must be do n e in a timely manner. Any del a y

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3

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CWP- 2 097-2022

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over a peri o d of two months, qua the sai d disbursement would entitle t h e retired employee to claim interest on the a m ount due.

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5. In view of the above, the present petition is disposed of with a direction t o the respondent/competent authority to pay all admissible retir a l dues i.e. leave encashment @ 6% interes t per annum . The same shall b e calculated f rom the date the petitioner was exonerated i.e. on 29.11.2010 ti ll its actual r e alization. The respondent/com p etent authority is directed to d o the needful within 03 months of receipt of a certified copy of this order. 6. Pending miscellaneous appl i cation(s), if any, also stan d s disposed o f .

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(HARPREET SINGH BRAR) JUDGE

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November 04, 2025 P.C

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Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No

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PUNEET CHAWLA 2025.11.07 14:21 I attest to the accuracy and integrity of this document

Kulwant Singh v. Punjab State Federation of Cooperative Sugr Mills Ltd.

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Kulwant Singh v. Punjab State Federation of Cooperative Sugr Mills Ltd.

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