Vijay Sharma vs Managing Director, U.P. Upbhokta ...
2023 Latest Caselaw 15166 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:33450
 

 
Court No. - 17
 

 
Case :- WRIT - A No. - 3515 of 2023
 

 
Petitioner :- Vijay Sharma
 
Respondent :- Managing Director, U.P. Upbhokta Sahakari Sangh Ltd. Lko.
 
Counsel for Petitioner :- Man Mohan Bose
 
Counsel for Respondent :- Ayush Chaudhary
 

 
Hon'ble Pankaj Bhatia,J.

Heard the counsel for the petitioner and the counsel for the respondents.

The present petition has been filed with the following prayer :

(i). A writ order or direction in the nature of mandamus directing the opposite party no.1 to release petitioner's entire post retiral benefits i.e. Payment of Gratuity, Leave Encashment, Insurance, Balance Payment of E.P.F., Balance Payment of Salary of Badaun and Rampur District, Bonus and Interest on the delayed payments as per rule."

The contention of the counsel for the petitioner is that despite the petitioner having retired in the year 2021, gratuity, leave encashment and other benefits, claimed herein, have not been paid.

The counsel for the respondents, on the basis of the instructions, states that with regard to balance payment of E.P.F. and balance payment of salary of the petitioner, the amounts shall be cleared and paid to the petitioner within a period of one week from today. In respect to other dues, he argues that owing to the financial crunch, a decision has been taken to pay the amounts in installments, the first installment to be paid after six months and the second installment to be paid after subsequent six months. He argues that this arrangement and time being taken was also noticed by the High Court in its judgment dated 13.12.2022 passed in Writ A No.20090 of 2021.

Considering the fact that the stand taken by the respondents is only on account of financial crunch being faced and considering the statutory provisions specifically with regard to gratuity which prescribed the payment of gratuity immediately on superannuation, the present petition is disposed off directing the respondents to ensure the payment of balance amount of E.P.F. and balance payment of salary to the petitioner within a period of one week from today.

The other retiral dues, as claimed by the petitioner, shall be paid in installments. The first installment shall be paid on or before 01.11.2023 and the second installment shall be paid on or before 31.03.2024.

The delay in payments have to be accompanied by interest as prescribed under section 7(3A) of the Payment of Gratuity Act. The respondents shall pay interest @7% per annum from the date of retirement till actual payment/ realization on the overdue amount of leave encashment and gratuity. The interest, as directed above shall be paid and computed along with second installment, which is payable on or before 31.03.2024.

Order Date :- 15.5.2023

VNP/-