This writ appeal challenged the order of the learned Single Judge that awarded interest on recovered General Provident Fund contributions only up to March 2003. The appellate court found the lower order had no infirmity and dismissed the appeal.
Disallowed claim for interest upto date of actual payment; dismissed writ appeal.
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THE HON'BLE MR JUSTICE V.ESWARAIAH and
THE HON'BLE MR JUSTICE K.G.SHANKAR
W.A.No.41 of 2011
JUDGMENT: (per the Hon’ble Sri Justice V. Eswaraiah)
Heard the learned counsel appearing for the appellant and the learned Standing Counsel appearing for the respondents.
This writ appeal is filed aggrieved by the order dated 1111-2010 passed by the learned Single Judge of this Court in W.P.No.870 of 2004 insofar as awarding interest only is concerned.
W.P.No.870 of 2004 filed by the appellant seeking a direction to the respondents herein to pay interest on the amount recovered from him between 01-01-1986 and 31-03-1989 towards contribution of the General Provident Fund was allowed directing the respondents herein to pay a sum of Rs.15,000/- towards interest to the appellant within a period of four weeks.
It is the grievance of the appellant that though the appellant is entitled for interest upto the date of actual payment the learned Single Judge granted interest only upto March 2003 amounting to Rs.15,000/-. Therefore, he prays to grant interest upto the date of actual payment.
On the other hand, the learned Standing Counsel appearing for the respondents submits that the learned Single Judge after hearing both sides and after considering the material available on record rightly passed the impugned order granting a sum of Rs.15,000/towards interest and therefore, the same needs no interference by this Court.
We have perused the impugned order as well as the material available on record. We are of the opinion that the learned Single Judge in exercise of his jurisdiction rightly directed the respondents to pay a sum of Rs.15,000/- towards interest on the amount recovered
from the appellant between 01-01-1986 and 31-03-1989 towards contribution of the General Provident Fund and we do not find any infirmity legal or otherwise in the impugned order, so as to call for interference by this Court. Hence, the writ appeal is devoid of merits and the same is liable to be dismissed.
Accordingly, the writ appeal is dismissed. There shall be no
order as to costs.
________________ V.ESWARAIAH, J
________________ K.G.SHANKAR , J
Date : 13-03-2012 Prv
1 issue framed by the court
Whether the learned Single Judge committed any infirmity in limiting the award of interest on recovered General Provident Fund contributions to March 2003.
Appellant
Respondents
V.ESWARAIAH
K.G.SHANKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
