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TMI Blog2014 (8) TMI 1202X X X X Extracts X X X X X X X X Extracts X X X X ..... enefits and the gratuity amount to the legal representatives of the deceased employee without awarding interest for which the appellant is legally entitled, therefore, this Court has to exercise its appellate jurisdiction as there is a miscarriage of justice in denying the interest to be paid or payable by the employer from the date of the entitlement of the deceased employee till the date of payment. Interest is awarded at the rate of 9% on the delayed payment of pension and gratuity amount from the date of entitlement till the date of the actual payment - appeal allowed. - Civil Appeal No. 7113 of 2014 - - - Dated:- 1-8-2014 - Dipak Misra And V. Gopala Gowda, JJ. Jasbir Singh Malik and Milind Kumar, Advocates, for the Appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the appellant and later on it was held that for the shortages and breakages there is no negligence on the part of the appellant. On attaining the age of superannuation, he retired from service on 31-10-2006. 3. The retiral benefits of the appellant were withheld by the respondents on the alleged ground that some amount was due to the employer. The disciplinary proceedings were not pending against the appellant on the date of his retirement. Therefore, the appellant approached the High Court seeking for issuance of a direction to the respondents regarding payment of pension and release of the gratuity amount which are retiral benefits with an interest at the rate of 18% on the delayed payments. 4. The learned Single Judge has allowe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in this appeal. It has adverted to the fact that there is no order passed by the learned Single Judge with regard to the payment of interest and the appellant has not raised any plea which was rejected by him, therefore, the Division Bench did not find fault with the judgment of the learned Single Judge in the appeal and the letters patent appeal was dismissed. The correctness of the order is under challenge in this appeal before this Court urging various legal grounds. 6. It is an undisputed fact that the appellant retired from service on attaining the age of superannuation on 31-10-2006 and the order of the learned Single Judge after adverting to the relevant facts and the legal position has given a direction to the respondent employer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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