Claiming interest for belated payment of interest
Isaac Gabriel
(Querist) 27 September 2013
This query is : Resolved
The controlling authority passed orders for payment of gratuity with interest.But the employer coerced the employee to get gratuity without interest and obtained an undertaking to this effectehile paying gratuity as per order.What action could be taken for the recovery of interest
ajay sethi
(Expert) 27 September 2013
if interest has not been paid then employee should raise with the employer . issue him legal notice that order has not been complied with as interest amount is outstanding as on date
Rajendra K Goyal
(Expert) 27 September 2013
Well advised by the experts, nothing more to add.
Raj Kumar Makkad
(Expert) 28 September 2013
The employer is bound to obey the direction of Controlling authority. File execution with the controlling authority.
Isaac Gabriel
(Querist) 28 September 2013
Thank you experts for sparing precious time to reply.
prabhakar singh
(Expert) 28 September 2013
It is not clear what coercion was applied?
Can there not be a valid settlement between
a decree holder and Jd where former agrees to
loose some part of award?
But had it been a civil Court decree the Jd
was required to seek a discharge of decree with full satisfaction thereof in the light of agreement from executing court.
i am not aware of the procedure for this kind of a purpose before CAs labor courts.
Hence let there be a compliance application
filed by DH ,and let JD prove how he seeks discharge in full satisfaction.
V R SHROFF
(Expert) 28 September 2013
nothing to add more.
[except Experts'points!!!!!!!0
Isaac Gabriel
(Querist) 29 September 2013
Respected Prabakarji,The Controlling Authority took more than one year to issue award for the gratuity of 12/- lakhs.The Management threatened to file an appeal against.As the employee was badly in need,he sought payment.The management exploited this urgency of the employee and offered immediate payment if the interest was foregone.The employee was not afford to wait for another year if an appeal is filed.So he had to no other go except to bow down. Is it not a coercion?
Sarvesh Kumar Sharma Advocate
(Expert) 27 September 2013
