HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (s) No. 1595 of 2007 WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: Hon’ble Justice Shri Satish K. Agnihotri Present: Mr. Abhishekh Sharma, counsel for the petitioner. Mr. Goutam Bhaduri. counsel for the respondent No. 1. ORDER (Passed on this 19‘“ day of April, 2007) ln this petition, the petitioner has claimed interest at the rate of 18% on the delayed payment of gratuity amount. Admittedly. the petitioner retired from service on superannuation on 31.7.2000. Sub-section (3) of $ection 7 of the Payment of Gratuity Act, 1972 (for short 'the Act, 1972') provides that the employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable. 2. Accordingly. the amount of gratuity ought to have been paid on or before 31.8.2000, but the same was paid to the petitioner on 30.6.2005. As per sub section (3A) of Section 7 of the Act, 1972, the petitioner is entitled to simple interest on the delayed payment of gratuity amount. Petitioner Ramlal, S/o. Kanhaiyalal Soni Aged about 66 years, Resident of Rohit Kirana Store, College Road, Brahman—para Rajnandgaon (C.G.) Versus Respondents 1. Chhattisgarh Infrastructure Development Corporation (C.l.D.C.), Through : Managing Director (TransportSection). Raipur (C.G.) 2 State Industrial Court Chhattisgarh, Raipur (C,G.) 3 Labour Court, Rajnandgaon, District Rajnandgaon (C.G.) u-v n was OCCa delay him. interest @ 6% per ann sub-section (3A) of Secticn 7 of the Act, 1972, within a peripd of four weeks from the r» 4x. as t0 GOSt$. 2 delayed payment. ln the event, the respondent No. 1 finds that the Sdl- 3 ‘ 1 Satish K. Agnihotn Judge 3. in View of clear and unambiguous provisions, contained in Section 7 of “no Act. 1912, the petitioner is emitted t0 payment of interest for sioned due in the fauit of the employee, the same shouid also be considered. while determining the interest payable to 4. The reSpondent No. 1 is accordingly directed to make the payment of um in accordance with the provisions of date of receipt of a copy of this order. 5. With the above observation, this petition stands disposed of. No order