The Haryana State Federation Conusmer ... vs Rohtash Kumar And Another
2024 Latest Caselaw 17439 P&H

Punjab-Haryana High Court

The Haryana State Federation Conusmer ... vs Rohtash Kumar And Another on 19 September, 2024

Author: Anupinder Singh Grewal

Bench: Anupinder Singh Grewal

                                     Neutral Citation No:=2024:PHHC:124681-DB




LPA-2280-2024 (O&M)                          1

116
              IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                           CHANDIGARH

                                         LPA-2280-2024 (O&M)
                                         Date of Decision: 19.09.2024

THE HARYANA STATE FEDERATION CONUSMER COOPERATIVE
WHOLESALE STORES                    .....APPELLANT

                     VERSUS
ROHTASH KUMAR AND ANOTHER                                      ....RESPONDENTS


CORAM: HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL
       HON'BLE MS. JUSTICE LAPITA BANERJI

Present:      Mr. Deepak Balyan, Advocate for the appellant.
                        ****

ANUPINDER SINGH GREWAL, J (ORAL)

CM-5478-2024

This is an application for condonation of delay of 35 days in re- filing the appeal.

For the reasons stated in the application, the same is allowed. Delay of 35 days in re-filing the appeal is condoned. CM-5479-2024

This is an application for condonation of delay of 23 days in filing the appeal.

For the reasons stated in the application, the same is allowed. Delay of 23 days in filing the appeal is condoned. Main case

Learned counsel for the appellant submits that the impugned

judgment is erroneous to the extent that the interest @ 6% per annum has been

granted on the delayed payment of gratuity to the respondent(s) and 9% per

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Neutral Citation No:=2024:PHHC:124681-DB

annum on account of non-payment of gratuity within three months from the

date of order.

2. Heard.

3. The Single Bench vide the impugned order dated 08.04.2024 has

directed that the gratuity be disbursed along with interest @ 6% per annum on

the delayed payment of gratuity from the date of its accrual till its disbursement

within three months from the date of order and future interest on account of

non-payment of gratuity has been determined @ 9% per annum. Sub-section

3-A of Section 7 of Payment of Gratuity Act, 1972 provides that in the event

of delay in payment of gratuity, the rate of interest shall be payable at the rate

determined by the Central Government vide notification dated 01.10.1987 and

the rate of interest which is currently applicable is @ 10% simple interest per

annum.

4. In view of above, we do not find any illegality in the impugned

judgment whereby the interest @ 6% per annum has been granted on the

delayed payment of gratuity from the date of its accrual till its realization and

future interest @ 9% per annum in case of default in payment. Consequently,

the appeal stands dismissed.

(ANUPINDER SINGH GREWAL) JUDGE

(LAPITA BANERJI) JUDGE 19.09.2024 Prince Whether speaking/ reasoned: Yes/No Whether Reportable: Yes/No

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