Case Law Details
Manager Director Vs Abhay Kumar Samantray (Orissa High Court)
Orissa High Court held that Central Government, in exercise of the powers conferred by Sub-Section (3-A) of Section 7 of the P.G. Act, 1972, vide Notification dated 01.10.1987, notified that simple interest @10% is payable for the time gratuity is not paid within the specified period.
Facts-
The present Writ Petition in brief is that Opposite Party No.1, after retirement from service w.e.f. 31.03.2018, because of non-payment of Gratuity by the Petitioner-Corporation, preferred application in Form ‘N’ in terms of Rule-10(1) of the Orissa Payment of Gratuity Rules, 1974 on 22.02.2019 claiming therein an amount of Rs.5,42,055/- towards Gratuity with accrued interest on the ground that his initial appointment being 14.11.1991 and date of superannuation being 31.03.2018, he is entitled to the said Gratuity amount in terms of the last wages drawn by him, i.e. Rs.36,137/-, for the total period of 26 years of service.
Being noticed, the Petitioner-Corporation appeared before the Controlling Authority and filed its Written Statement taking a plea therein that since Opposite Party was appointed in the regular establishment on 04.06.2015 and retired on 31.03.2018, after completion of 2 years 9 months and 27 days of regular service and in terms of Section-4 of the Payment of Gratuity Act, 1972, he has not filed any application for payment of Gratuity before 30 days of his superannuation i.e. on or before 01.03.2018, the said application in Form ‘N’ in terms of Rule-10(1) of the Orissa Payment of Gratuity Rules, 1974 filed on 22.02.2019 is not maintainable.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
Sir,
employee ko employer gratuity na derna ka koi notification hai kya? or hamara employer bol rehe hai 3 month ka salary deker kisiko bhi kaam sey nikal sakthey hai, aisey koi government notification hai kya? employer bolrehey koi bhi compensation employe ko nahi diya to bhi koi Problem nahi hai..yeh sahi hai kya.