Chief Justice's Court
Case :- SPECIAL APPEAL DEFECTIVE No. - 627 of 2019 Appellant :- Laljee Ii Respondent :- State Of U.P. And 5 Others Counsel for Appellant :- Neeraj Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,Chief Justice Hon'ble Vivek Varma,J.
This appeal is barred by limitation from 822 days, ignoring the same, we have examined the merits of the case.
The appellant-petitioner preferred a petition for writ to have an appropriate order or direction for respondent-Maya Press (P) Limited to pay the gratuity amount of Rs.61,283/- with interest at the rate of 18% till the date of actual payment with 12% late payment with cost of Rs.5000/- w.e.f. 24.12.2000.
In brief, factual matrix of the case is that an application was preferred by the appellant-petitioner before the Controlling Authority under Payment of Gratuity Act, 1972 to have gratuity in accordance with the provisions of the date aforesaid. The application aforesaid came to be decided under an order dated 28th September, 2013. Learned Controlling Authority awarded gratuity in a tune of Rs.61,283/- to the appellant-petitioner but denied for any interest thereon looking to the closure of the employer establishment.
In the instant appeal, the only claim made by the appellant is with regard to the interest, which was also not allowed by learned Single Bench.
It is not in dispute that the employer establishment is in a process of winding up and official liquidator has already been appointed.
In entirety of facts, we do not find any ground in denial of interest to the appellant. No interference with the order passed by learned Single Bench, therefore, is warranted. The appeal, hence, is dismissed.
Order Date :- 30.7.2019 Ajeet (Vivek Varma,J) (Govind Mathur, C.J.)