WPSS/703/2021
2021 Latest Caselaw 2051 UK

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                                      WPSS No.703 of 2021

                                      Hon'ble Sharad Kumar Sharma, J.

(Via Video Conferencing) Mr. Mahesh Bhatt, Advocate for the petitioner.

Mr. Lalit Samant, Advocate for the respondents.

This writ petition, which had been preferred by the retired employees of the respondent- Uttarakhand Transport Corporation, wherein the petitioner of Writ Petition No.703 had contended that he has attained the age of superannuation on 31.01.2020 from the post of Booking Clerk from Rudrapur Depot. But despite of he approaching the respondents on number of occasions, the retiral benefits payable towards the gratuity and leave encashment has not been paid to him.

As far as the liability pertaining to the gratuity of an amount of Rs.10,25,325/- and leave encashment to an amount of Rs.5,73,300/- are the two amounts, which has already been quantified and accepted by the sanction granted on 27.01.2020. Since the aforesaid liabilities against the two heads being an admitted liability, the respondents by way of mandamus are directed to pay amount in the following manner.

Considering the aforesaid implication and particularly in order to balance the equity, between the parties, considering the fact that the petitioner is a retired employee and also considering the affect of the financial implications, though without accepting it, which has been argued by the learned counsel for the respondents, this writ petition is being disposed of with the following directions:- i. The respondents would ensure to pay the gratuity of Rs.10,25,325/- to the petitioner, along with the statutory interest, as contemplated under Section 7(3-A) of the Payment of Gratuity Act, within the period of two months from the date of production of the certified copy of this judgment before them.

ii. The leave encashment amount of Rs.

5,73,300/- would be paid by the respondent to the petitioner within a period of two months thereafter the expiry of aforesaid period of clause (i) of this judgement.

As far as the payment of overtime dues, which entails consideration in Writ Petition No.703 of 2021 (S/S) where the petitioner has raised a claim for the payment of Rs.2,29,306/- as an overtime dues left to be paid, since the petitioner has already represented his claim by way of the representation of 22.09.2020, this writ petition in relation to the claim for overtime would stand disposed of with the liberty open to the respondents to decide the representation, in relation to the overtime within, the period of three months from the date of presentation of the certified copy of this order. Balance amount of payment towards gratuity and leave encashment would be paid within the time period as already directed above.

Subject to the above, the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) 25.06.2021 Arti `