Delhi High Court - Orders
Kuttamparampath Sudha Nair vs Managing Committee Sri Sathya Sai Vidya ... on 10 January, 2022
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 373/2022
KUTTAMPARAMPATH SUDHA NAIR ..... Petitioner
Through: Ms. Indrani Ghosh, Adv.
versus
MANAGING COMMITTEE SRI SATHYA SAI VIDYA
VIHAR & ANR. .... Respondents
Through: Mr. Anurag Lakhotia, Adv. for R1.
Mr. Rishabh Gupta, Adv. for Ms.
Vibha Mahajan Seth, Adv. for R2.
Mr. Santosh Kumar Tripathi,
Standing Counsel, GNCTD with Mr.
Arun Panwar, Mr. Siddhartha Krishna
Dwivedi and Ms. Vrinda, Advs.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 10.01.2022 This matter is being heard through video-conferencing This petition has been filed by the petitioner with the following prayers:
"In view of the facts and circumstances stated above it is most respectfully prayed that this Hon'ble Court may be pleased to:
(a) Pass a writ, order or direction in the nature of declaration declaring that the Respondent school was bound to pay the Gratuity dues of the Petitioner as mandated under Section 10(1) of the Act read with Sections 4 & 7 of the Payment of Gratuity Act, 1972 ;
(b) Pass a writ, order or direction in the nature of mandamus commanding the Respondent school to pay the Gratuity due of the Petitioner forthwith together with the statutory interest as mandated in Section 7 (3A) of the Payment of Gratuity Act R/w Section 10(1) of the Act;
(c) Pass a writ, order or direction in the nature of mandamus Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:10.01.2022 22:42:17 commanding the Respondent No.2 to take action against the Respondent school for not abiding by the provisions of the Act & Rules (R/w the Payment of Gratuity Act), which is a precondition for any recognised school to continue to be recognised under Rule 50 of the Rules;
Any other further orders as this Hon'ble Court may deem it fit and proper in the facts and circumstances of the case.
In substance, the grievance of the petitioner is non-payment of gratuity though she has superannuated on attaining the age of superannuation in the month of January, 2021.
According to Ms. Indrani Ghosh, learned counsel appearing for the petitioner the petitioner is seeking payment of gratuity along with statutory interest.
Mr. Anurag Lakhotia, learned counsel appearing for the respondent No.1 would not deny the entitlement of the petitioner to the gratuity except stating that the School is ready to compensate her for the delay in the payment of the same, by paying her an amount of ₹25,000/- which is also agreed by Ms. Ghosh. Suffice to state the consent of the parties cannot be a bar for the payment of interest under the Payment of Gratuity Act, 1972.
It is conceded by Mr. Lakhotia that the statutory interest under the Payment of Gratuity Act for the delayed payment is 6%. If that be so, petition is disposed of directing the respondent No.1 to pay the gratuity alongwith statutory interest. The order shall be complied within six weeks from today.
The petition stands disposed of.
V. KAMESWAR RAO, J JANUARY 10, 2022/jg Signature Not Verified Digitally Signed By:ASHEESH KUMAR YADAV Signing Date:10.01.2022 22:42:17