Pradeshik Cooperative Dairy Federation Ltd. Lucknow Thru. Managing Director and Others v. Gopi Nath and Another

Order on Appeal

¶5This intra-court appeal filed under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 has assailed the judgment/order dated 02.05.2023 passed by the Writ Court in Writ-A No.2965 of 2023.

¶6The challenge to the impugned judgment/order dated

20.04.2023 is confined to the interest component on the amount due against leave encashment payment whereof was delayed by one year.

¶7It is to be noted that the respondent no.1 retired on

31.07.2020 and had earned leave encashment. The amount of leave encashment was released after a delay of one year on account of some audit objection and in this manner there was an inordinate delay in making the payment.

¶8Once the principle amount has been paid to the respondent no.1, there is no reason as to why delayed payment may not be compensated at the rate of 7% per annum as ordered by the Writ Court. Moreover, the delay is not attributable to anything done by the respondent no.1 and was a procedural formality to be expedited by the employer alone.

¶9We see no good reason to interfere in the present special appeal, the same is hereby dismissed. (Om Prakash Shukla, J.) (Attau Rahman Masoodi, J.) Order Date :- 5.12.2023 Anand Sri./- High Court of Judicature at Allahabad, Lucknow Bench

Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 923 of 2023 Appellant :- Pradeshik Cooperative Dairy Federation Ltd. Lucknow Thru. Managing Director And Others Respondent :- Gopi Nath And Another Counsel for Appellant :- Pankaj Patel,Akanksha Gupta Counsel for Respondent :- Prashant Chandra,C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Om Prakash Shukla,J. C.M.A. No.1 of 2023 (Application for condonation of delay) 1. Heard Shri Pankaj Patel, learned Counsel for the appellants, Shri Prashant Chandra, learned Counsel for respondent no.1 and learned Standing Counsel for respondent no.2. 2. There is reported delay of 154 days in filing the present intra- court appeal under Chapter VIII Rule 5 of the High Court Rules. The appeal is accompanied with an application for condonation of delay supported by an affidavit. 3. Learned Counsel for respondent no.1 does not have any objection if delay in filing the special appeal is condoned. 4. Cause shown being sufficient and in absence of any objection, the application for condonation of delay is allowed and the delay in filing the appeal is hereby condoned.