Punjab-Haryana High Court
Prithipal Singh Randhawa vs Punjab State Cooperative Supply & ... on 2 July, 2013
Author: Mahesh Grover
Bench: Mahesh Grover
CWP no. 19097 of 2011 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP no. 19097 of 2011 (O&M)
Date of Decision : 02.07.2013
Prithipal Singh Randhawa
....Petitioner
Versus
Punjab State Cooperative Supply & Market Federation Ltd.
...Respondent
CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
Present:- Mr. Ajay Mahajan, Advocate for the petitioner
Mr. J.S.Sidhu, Advocate for the respondent
MAHESH GROVER, J.
The petitioner prays for grant of interest on the delayed payment of gratuity and leave encashment which was released to him in the year 2011 even though the petitioner retired in the year 2001. The reason for not releasing the aforesaid benefits alongwith other retiral benefits in time is the pendency of some proceedings against the petitioner which were cleared on 15.7.2011 and within 10 days thereafter the respondents claim that they have released all the benefits.
Learned counsel for the petitioner contends that gratuity and leave encashment would carry an interest on the delayed payments as these could not have been withheld.
Considering the facts in totality when the petitioner retired in the year 2001 and the benefits were released in 2011, I am of the considered opinion that mere pendency of a chargesheet could not have been held to be a ground to withhold all these benefits from the petitioner for such an inordinately long period. Therefore, the instant petition is disposed of with CWP no. 19097 of 2011 (O&M) 2 a direction to the respondents that they shall pay an interest at the rate of 6% per annum on the delayed payment of gratuity and leave encashment. The interest shall be calculated from the date when the benefits became due till the date when they were actually paid.
Disposed of in above terms.
July 02, 2013 (Mahesh Grover) rekha Judge