Karnataka High Court
N Mahadevappa vs The Deputy Labour Commissioner on 15 February, 2012
Author: Aravind Kumar
Bench: Aravind Kumar
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the appeal in part and directed the corporation to pay»---a sum
of ?4l,O40/- towards the period of service
petitioner--workman as Badli worker from "
30.10.1972 and not granting interes't"'o1;«
only issue that arises for considerationyin'-this "pet~itiQn"is:'--..p
"Whether the petitioner is the
amount ordered Itrespondent-appellate
authority?" 1 l V V. l
2. Heard: counsel appearing for petitioner, learned Additional Government respondents 1 and 2 Smt.H.R.E§enu.ka, learned 'Counsel appearing for respondent Undlerllthe provisions of Payment of Gratuity Act, section (3A) of Section 7 if the gratuity l"'l*amo1.~1nt§payable under sub section (3) is not paid by employer C5'/,.
within the period specified under sub--section (3),_..___ such employer is required to pay simple interest at such_"rate_f11ot exceeding the rate notified by Central Government to time for repayment of long--t.er"m-..Adeposliltsiv Government may, by notification specify}.--'.A_lI't islnot'~i.n that such notification has beenlissued in--terest;haslbeenl fixed at 10% p.a. payable on deterr'nin'ed under sub--section (3) of section in it is noticed that petitioner--vvorltman ypsfupperannuation on 31.07.2005 he did make an applicationfor"paymentof the period in question namely to: application came to be filed before Cont-.rolli.ng Autfiority only on 25.11.2008 i.e., aftera perio;d.A of A3 years'"'after attaining superannuation. In other ..c:3"l..O7.2005 to 25.11.2008 petitioner has :i:5..slept ov'crllhis_ and has not claimed amount of gratuity according to him is due and payable by respondent- Appellate authority having considered the claim 'petvitioner has directed the corporation to pay the gratuity We authority from the date_ of application i.e._,M at the rate of 10% p.a. till the date;
whichever is earlier.
Ordered accordingly.' ,, Sri.Jagade<~:-slfvi .:GoV\i"erririient Advocate is permitted to file of a period of three weeks Sd/«S JUDGE