Heard learned counsel for the petitioners, learned Standing Counsel for respondent Nos.1 and 3 and Sri Pankaj Patel, learned counsel for respondent No.2.
All the petitioners are the retired employees of Pradeshik Cooperative Dairy Federation Limited, Lucknow (PCDF). The dispute pertains to the release of payment of gratuity.
Learned counsel for the petitioners has submitted that in an identical situation where the dispute cropped in Writ Petition No.22272 (S/S) of 2020 and considering the claim setup by the parties, this Court passed the following order vide order dated 25.11.2020 :-
"In view of the aforesaid facts, the opposite parties are directed to make payment of the outstanding pensionary benefits of the petitioner as indicated in the order dated 31st October, 2020 within a period of three months from the date a copy of this order is produced. Grant of interest to the petitioner shall also be considered by the opposite parties within the same time period and if found eligible, the petitioner shall be paid the same along with the pensionary benefits."
Sri Pankaj Patel, learned counsel for the opposite party No.2 at the very outset has submitted that non payment of gratuity to the present petitioners is on account of financial difficulties and there is a proposal already floated to the Government for necessary payment.
It is expected that the Government shall process the proposal/request forwarded by the PCDF so that the gratuity admissible to the petitioners is paid at the earliest.
However, the petitioners are at liberty to make a representation to the opposite party No.2 alongwith a certified copy of this order enclosing a copy of the order dated 25.11.2020 passed in Writ Petition No.22272 (S/S) of 2020, and if such a representation is filed, their claim for payment of gratuity as well as the interest thereon may be considered at par and without any discrimination within a period of three months.
This, however, does not suggest that any impediment coming in the way of any individual claim may not be considered by the opposite parties.
The writ petition is disposed of with the aforesaid observations.
Order Date :- 11.2.2021 RBS/-
[Rajesh Singh Chauhan,J.]