Lal Chand vs Hrtc & Anr
2025 Latest Caselaw 576 HP

Himachal Pradesh High Court

Lal Chand vs Hrtc & Anr on 7 May, 2025

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.7540 of 2025 Date of decision: 07.05.2025

Lal Chand. ...Petitioner.

                             Versus

HRTC & Anr.                                     ...Respondents.

Coram:
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?

For the petitioner      :     Mr. Parkash Sharma, Advocate.
For the respondent      :     Mr. Deepak Sharma, Advocate.
Jyotsna Rewal Dua, Judge

Notice. Mr. Deepak Sharma, Advocate, appears

and waives service of notice on behalf of respondents.

2. This writ petition has been filed by the petitioner,

who had retired from the service of the respondent-Himachal

Road Transport Corporation (HRTC), with the prayer that the

respondents may be directed to pay the amount of Gratuity

and Leave Encashment along with interest for the delay on

part of the respondents.

3. 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 Chand versus The Himachal

Road Transport Corporation, Shimla and Others along

with 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.

4. 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 period of six months from

the date of passing of 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.

5. While disposing of Review Petition No.110 of 2021

on 25.11.2021, preferred against the order dated 09.11.2021

passed in 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 petitioners, including gratuity, arrears of

pension and leave encashment along with prescribed rate of

interest, within a period of six months from the due date till

the actual payment is made.

In view of above, this writ petition is disposed of

with a direction to the respondents to pay the amount of

gratuity and leave encashment to the petitioner with actual

rate of interest as per applicable rules till the time of actual

payment, which shall be paid to him within a period of six

months from today. The due amount of payment, if delayed

beyond six months, shall be paid with interest to the rate of

9% per annum till the date of its actual payment.

Pending miscellaneous application(s), if any, shall

also stand disposed of.

                                             Jyotsna Rewal Dua
7th May, 2025                                      Judge
     (Pardeep)