SHIVE CHARAN v. U.P. CO OPERATIVE FEDERATION LTD. LKO THRU. MANAGING DIRECTOR AND ANOTHER
/11366/2025 · 2025-09-23
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165724 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165724 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 11366 of 2025 Court No. - 4 HON'BLE ABDUL MOIN, J. Heard learned counsel for the petitioner and Sri Birendra Prasad Singh, Advocate who has filed his Vakalatnama in Court today on behalf of the respondents. With the consent of learned counsel appearing for the contesting parties, the instant writ petition is being finally decided. Instant writ petition has been filed pryaing for making payment of gratuity, earned leave encashment as well as interest at the rate of 12 percent on delayed payment of gratuity and refund of security deposit. The contention of learned counsel for the petitioner is that the post retiral benefits as claimed in the petition have been denied to the petitioner only on the ground that audit objections were pending against the petitioner. The submission of learned counsel for the petitioner is that the same is not permissible in terms of Regulation 91 of U.P. Co-operative Federation Service Regulations, 1980 read with Section 4 of the Payment of Gratuity Act, 1972. It is also argued that the issue was decided by this Court in the case of Shiv Shankar Rawat vs. Provincial Co-operative Federation U.P. Lko. Thru. M.D. and Another passed in Writ A No.855 of 2023 decided on 22.02.2023 as well as in the case of Hari Shankar Pandey vs. Provincial Co- operative Federation of U.P. Thru. Managing Director and Another passed in Writ A No.8377 of 2022 decided on 03.01.2023. Versus Counsel for Petitioner(s) : Shishir Chandra Counsel for Respondent(s) : Shireesh Kumar Shive Charan .....Petitioner(s) U.P. Co Operative Federation Ltd. Lko Thru. Managing Director And Another .....Respondent(s)
Considering the fact that this Court has held that the stoppage or denial of the post retiral benefits is contrary to the mandate of Section 4(6) of the Payment of Gratuity Act, 1972, the present petition is allowed. The respondents are directed to pay the gratuity payable to the petitioner at the rate of Rs.20,00,000/- within a period of three months from today.
The petitioner would also be entitled to interest at the rate of 7% per annum in terms of mandate of Section 7(3A) of the Payment of Gratuity Act, 1972 from the 30th day of the date of retirement till actual payment/realization and other benefits including the earned leave encashment and the refund of the security deposit shall also be paid to the petitioner alongwith interest at the rate of 7% per annum within a period of three months from today. Accordingly, the writ petition stands allowed. September 23, 2025 J. K. Dinkar WRIA No. 11366 of 2025 2 (Abdul Moin,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench