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2014 (8) TMI 1202 - SC - Indian LawsInterest on delayed payment of pension and gratuity amount - retiral benefits of the appellant were withheld by the respondents on the alleged ground that some amount was due to the employer - disciplinary proceedings were not pending against the appellant on the date of his retirement - HELD THAT:- 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 to pay the erroneously withheld pensionary benefits 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.
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