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    Home»News»IR & Labour Laws»Employer to pay interest if gratuity payment delayed: Jharkhand HC
    IR & Labour Laws

    Employer to pay interest if gratuity payment delayed: Jharkhand HC

    An employee of Tata Steel claimed interest on the gratuity amount that was not paid to him on time
    HRK News BureauBy HRK News BureauDecember 19, 20243 Mins Read11190 Views
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    If an employer fails to pay the employee the gratuity amount due to them within the specified time period of payment, they shall be liable to pay simple interest on the gratuity amount for the period.

    According to a single judge bench of the Jharkhand High Court consisting of Justice Anubha Rawat Choudhary, the notification issued by the Central Government in consonance with Section 7 (3-A) of the Payment of Gratuity Act, 1972 states that employers who delay the payment of gratuity are to pay 10 per cent interest, on the gratuity amount, to the concerned employee.

    The case involved an employee of Tata Steel, who was not paid gratuity on time and went on to claim interest on the amount.

    As per Section 7 (3-A) of the Payment of Gratuity Act, 1972 the employer is liable to pay simple interest from the date on which the gratuity becomes payable to the date on which it is paid. The interest rate, however, should not exceed the rate notified by the Central Government in cases of repayment of long-term deposits.

    As per the Central government’s notification dated 01.10.1987 S.O. 873 (E) the rate of simple interest was set at 10 per cent per annum, payable by the employer to employees in situations when the gratuity payment is delayed for a certain time period.

    The Deputy Labour Commissioner-cum- Controlling Authority, Kolhan Division, Jamshedpur had passed the order in August 2021 asking the management pay simple interest at 10 per cent per annum on the gratuity amount of Rs. 10,67,308 within 30 days. However, the management challenged the order.

    In March 2023, the Labour Commissioner cum Appellate Authority upheld the order of Controlling Authority, following which the management filed a writ petition saying that the Section 7 (3-A) of Act of 1972 stated that the maximum interest rate that can be awarded is 10 per cent, which means anything lower than that was also acceptable. The submission sought the interest rate to be lowered to six or seven per cent.

    The court observed that while Section 7 (3-A) of the Act of 1972 does state the parameter for fixing the interest rate, the rate itself is not fixed by it. It is to be notified by the Central Government in terms of Section 7(3-A) of the Act of 1972. The court observed that the rate of interest payable by Central Government on long-term deposit can vary from time to time and the Central Government had issued appropriate notification dated 01.10.1987 in terms of Section 7 (3-A) of the Act of 1972 modifying the applicable rate of interest.

    1972 delayed payment of gratuity Employee employer gratuity gratuity amount HR Human Resources interest on gratuity Jharkhand HC Jharkhand High court Justice Anubha Rawat Choudhary Payment of Gratuity Act simple interest Tata Steel Workforce
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