Orissa High Court
Gagan Bihari Prusty vs Paradip Port Trust And Others on 18 November, 2021
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.322 of 2019
Gagan Bihari Prusty .... Appellant
Mr. S.K. Das, Advocate
-versus-
Paradip Port Trust and others .... Respondents
CORAM:
THE CHIEF JUSTICE
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 18.11.2021
06. 1. The short point that arises for consideration in the present appeal is whether the learned Single Judge was justified in directing interest on the delayed payment of gratuity at 6% per annum instead of 10% per annum as claimed by the Petitioner?
2. It is seen that there is no provision as such in the Payment of Gratuity Act prescribing any mandatory minimum rate of interest on delayed payment. In that view of the matter, the learned Single Judge has, after examining the provisions of the Interest Act, directed that instead of 10% interest on delayed payment of gratuity amount as claimed by the Petitioner, it would be appropriate in the interest of justice, if interest for the delayed period is at the rate of 6% per annum.
3. No error has been committed by the learned Single Judge that warrants interference by this Court.
Page 1 of 24. Accordingly, the appeal is dismissed.
(Dr. S. Muralidhar) Chief Justice ( A.K. Mohapatra ) Judge R.K. Singh/Jagabandhu Page 2 of 2