WPSS/1631/2020
2021 Latest Caselaw 2353 UK

                   Office Notes, reports, orders
SL.                or proceedings or directions
          Date                                                     COURT'S OR JUDGES'S ORDERS
No                  and Registrar's order with
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      12.07.2021                                   MCC/10508/2021
                                                   In
                                                   WPSS No. 1631 of 2020
                                                   Hon'ble Sharad Kumar Sharma, J.

(Via Video Conferencing) Ms. Devika Tiwari, Advocate, for the petitioner.

Mr. N.S. Pundir, Advocate, for the respondents.

This writ petition was disposed of by the judgment dated 05.12.2020, directing the respondents to pay the gratuity to the tune of Rs. 10,25,325/-, along with statutory interests payable under Section 7(3)(A) of the Payment of Gratuity Act.

The foundation of the judgment was the admission of the liability made by the respondents in their correspondence No. 3747 dated 05.11.2020. It was based on their admission of liability, which was statutory in nature, the writ petition was disposed of giving the breakups for the payment of the amount due to be paid to the retired employee i.e. the petitioner herein.

Today, the matter is listed today on a Time Extension Application and the grounds pleaded therein by the respondents for seeking an extension of time to comply the order dated 05.12.2020, is on account of financial crises which is alleged, to that the Corporation is suffering from. The said crises in itself cannot be taken as to be the basis to deprive a retired employee of his statutory rights protected under the Act.

Hence, the reasons, which have been given projecting their inability, cannot be a reason for time extension, hence the Time Extension Application lacks merit and the same is accordingly rejected.

(Sharad Kumar Sharma, J.) 12.07.2021 Mahinder/