CWP(T) No.11026 of 2008(OA No.2212 of 2004) 26.4.2010 Present: Mr. K.C. Sankhayan, vice Mr. Bhuvnesh Sharma, counsel for the petitioner. Mr. R.K. Sharma, Sr. Advocate with Mr. P.K. Sharma, Addl. A.G. with Mrs. Shubh Mahajan, Dy. A.G. for respondents No.1 to 3. Mr. Lokender Thakur, counsel for respondent No.4. The learned vice counsel appearing for the petitioner has confined his submission on the point of payment of interest on gratuity only. He has submitted that the petitioner has been paid retiral benefits after the filing of the petition but he has not been paid interest on retiral benefits. He has submitted that petitioner is entitled to interest on gratuity amount under sub-section (3A) of Section 7 of the Payment of Gratuity Act, 1972 (for short Act). He has submitted that interest at appropriate rate may be ordered to be paid under Section 7 (3A) of the aforesaid Act. The sub-section (3A) of Section 7 of the Act provides that if the amount of gratuity payable under sub-section (3) is not paid by the employer within the period specified in sub- section (3), the employer shall pay, from the date on which the gratuity becomes payable to the date on which it is paid, simple interest at such rate, not exceeding the rate notified by the Central Government from time to time for repayment of long-term deposits, as that Government may, by notification specify. No such notification of the Central Government has been placed on record. However, I am of the view that in the interest of justice, the petitioner is entitled to 6% interest on gratuity amount. In these circumstances, the respondents No.1 to 3 are directed to pay interest at the rate of 6% per annum on the gratuity amount of petitioner within a period of two months from today to the petitioner in accordance with the Payment of Gratuity Act, 1972. The petition stands disposed of. (Kuldip Singh) Judge April 26, 2010 (sks)