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1 - 9 of 9 (1.58 seconds)State Of Kerala And Ors vs M. Padmanabhan Nair on 17 December, 1984
Employees on retirement have
valuable rights to get gratuity and any culpable
delay in payment of gratuity must be visited with
the penalty of payment of interest was the view
taken in State of Kerala v. M.Padmanabhan Nair
[(1985 1 SCC (L&S) 278 : (1985) 50 FLR 145].
Earlier there was no provision for payment of
interest on the delayed payment of gratuity. Sub-
section (3-A) was added to Section 7 by an
amendment, which came into force with effect
from 1-10-1987.
Charan Singh vs Birla Textiles & Anr on 31 August, 1988
10. A reading of the above decision of the Hon'ble
Apex Court would makes it clear that an employer is
liable to pay interest on belated payment of gratuity
amount. The question of delay in making application
by the 1st respondent to the Controlling Authority
praying for interest as contended by the learned
counsel for the petitioner would not arise in the facts
and circumstances of the case. It is not the case of
the petitioner that delay in payment of gratuity is due
to the fault of the employee or the petitioner obtained
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permission from the Controlling Authority for the
delayed payment of gratuity. The contention of the
petitioner that the Controlling Authority and Appellate
Authority wrongly interpreted Section 7 of the Act has
no merit.
Article 226 in Constitution of India [Constitution]
Article 227 in Constitution of India [Constitution]
Section 8 in THE PAYMENT OF GRATUITY ACT, 1972 [Entire Act]
Section 9 in THE PAYMENT OF GRATUITY ACT, 1972 [Entire Act]
H. Gangahanume Gowda vs Karnataka Agro Industries Corpn.Ltd on 5 February, 2003
The interpretation by the Authorities is
supported by the Gangahanume Gowda's Case
(supra). The Hon'ble Apex Court has made it clear
that the employer shall arrange to pay the amount of
gratuity within 30 days from the date it becomes
payable and failing to pay, the employer shall pay
simple interest as notified. Admittedly, the petitioner
paid gratuity amount on 09.12.2011 to 1st respondent,
whereas he was entitled for gratuity on 31.03.2009.
On receipt of the gratuity amount, the 1st respondent
made an application before the Controlling Authority
praying for interest on belated payment of gratuity
amount. In the sequence of events which had taken
place, it would be clear that there is no delay on the
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part of the 1st respondent in approaching the
Controlling Authority seeking for interest on belated
payment of gratuity amount.
Section 12 in THE PAYMENT OF GRATUITY ACT, 1972 [Entire Act]
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