Harsh Kumar Mehta
Consultant In Labour Laws/hr
+2 Others

Hello everyone
My father was working as a Div. Engineer at Garden reach Shipbuilders and engineers limited, a public sector undertaking in 1996 when he was suspended from his job and after two years in 1998 was dismissed from the same along with his gratuity forfieted against which he filed a writ petition in high court which in April 2012 gave a judgment stating the dismissal as a grave injustice and against natural justic, quashed the dismissal along with forfieture of gratuity and said the psu to pay consequential benefits to my mother as his widow within three months from judgment due to my father's death in 2003 during the pendency of the writ petition .
First the company paid the salary revisional arrears and the gratuity. We asked through application to the psu to share the list of xonsequential benefits which they just ignored and delayed stating that they are calculating the same and will be paid at the earliest but after asking for the details from rti applications the psu again paid the employee provident fund and leave encashment but still did not share any documents related to the benefits to be paid. Anyways now we are in the second appeal at CIC and we'll see how that goes.
I wanted to know what interest on consequential benefits we are entitled to and can wecfile another case against the psu for monetary compensation against unfair dismissal which has been quashed by court judgment and his defamation for which both he and us suffered socially, emotionally and financialy. Kindly specify if possible.
Regards
Jaideep Paul
28th December 2014 From India,
1. Sir, from the facts as mentioned by you, it appears that the concerned department has not filed any appeal in the higher court against the judgment of the hon'ble high court which decided the issue in favour of your late respected father.

2. If so, I will suggest you to firstly get all the arrears / benefits from the said department. Already a period of more than 2 years have passed since the judgment of hon'ble High Court and the said department has not so far finally paid all the arrears to the dependants as mentioned you. I think, you can file a contempt petition in the said high court (through the advocate who contested the case on behalf of your father) against the responsible officer of said department which has not paid all the dues within the time mentioned in the court order.

3. After getting all arrears, I think, you/dependants can think about filing damages case against said wrong dismissal of your father from the services. However, I may mention that in India damages are difficult to be obtained. However, in my opinion, while filing such damages case, the concerned officers who wrongly decided the matter against your father are also be joined as a party in the said proposed case for damages. I think, you should counsult your that advocate who has successfuly contested the case on behalf of your father in the hon'ble High Court because he may be in a better position to suggest you in the case due to his knowing all the facts of the case.
28th December 2014 From India, Noida
Dear Mr. Mehta
I apologise for not mentioning it earlier that concerned psu had made an appeal in the double bench of high court where it lost again. Then the psu went to an appeal against the judgment to the Supreme court of India wherein the case was disposed off in favour of my mother.
As my father died in 2003 should'nt the psu pay interest on delayed benefits such as Gratuity, salary revisional arrears, Employee provident fund, etc. Also it is not giving us the family pension arrears with interest and its continuation till date against which I already have written to the public grievance section of the pension and pensioners' welfare department of the Govt. of India. Can someone kindly mention the rate of statutory interest on the delayed payment of gratuity,epf,pension arrears and salary revisional arrears for which I'll be grateful.
Regards
Jaideep Paul
28th December 2014 From India,
1. Sir, in such cases the judgments/orders issued by hon'ble Supreme Court or High Court in their own judgments indicates the time period within which the orders are to be complied with and also the rate of interest, if any, to be paid for any delayed payment of arrears etc. In my opinion, please see whether there is any order of the hon'ble supreme court or High court in their respective judgments.

2. In my opinion, RTI will not help you further because the department will simply say that the matter is under consideration. I have already suggested you to contact your standing advocate who won the cases at above courts and request him to take appropriate action in the case for payment of balance retirement benefits by the department. If considered appropriate your standing counsel can issue a show cause notice to department for contempt of court for not paying the dues as may have been indicated in the judgments, if any.

3. Further an online link of one of the case is mentioned follows, which I think may be of some interest to you in the case:-

Rajendran T.G. vs State Of Kerala Represented By The on 17 August, 2011
28th December 2014 From India, Noida
Dear Jaideep,
We are living in freed India!!!
Go for contempt petition through your same learned advocate. High courts and Supreme Courts orders are favorable and make party to the person opposing your claim by name, home and office address and also claim interest @ 18% plus damages to compensate and mitigate the losses.
Regds,
RDS Yadav
30th December 2014 From India, Bareilly
Hi Jaideep,
You can ask your advocate to file an application with Supreme Court for Execution of its order (which is in you favour) with immediate effect. Do not waste your time with RTI process, as it wont be helpful to give any solution for your problem.
1st January 2015 From India, Delhi
Thank you all for sharing your thoughts with me. The court's judgment have quashed the dismissal of my father and said GRSE to pay consequential benefits to my mother. Nowhere in the judgment does it mentions any rate of interest on the financial benefits but I have heard from other employees and through surfing the net that any delay in payment of epf gratuity and salary revisional arrears attracts statutory rate of interest mentioned by the Govt. of India. Kindly can anyone mention the rate of interest for the same for which I would be grateful.
Getting into another Judicial action is what we want to keep as a last option because we want to create pressure on the psu so that it extends the interest on benefits which legally they are bound to provide and then damages and other interest will follow up after that otherwise the psu will get another excuse to delay all payments saying the matter is subjudiced.
Regards
Jaideep
2nd January 2015 From India,
Thank you all for the valuable information.
After almost 16 years of legal battle it is really tough for us to get into another one but we have reserved the possibility as a last option but till then we want to get all consequential benefits by requesting other authorities such as PMO as well as RTI CIC. I just have one querry and that is incase wherein a person is exonerated from all charges and his dismissal quashed should we not get any interest which should have been paid on his death in 2003 but is being paid after 10 years from then. If he is eligible for interest what is the rate of interest on gratuity, epf, salary revisional arrears, family pension , etc. Kindly specify if possible.
Thanx
4th January 2015 From India,
By the rate of interest I mean the rate as simple interest or compound interest on the delayed span of 10+ years and the best possible option to get the same.
4th January 2015 From India,
Hello!!!
Labour Laws do not provide that way any interest due to delay to even cases of victimization. But as you have to follow judicial recourse, I hope its last, please raise an plead for interest ,justify your demand of interest showing unexpected behaviours and contempt on PSU as well as individuals. Contempt of court verdicts, non compliance for so many years the judgements are in fact grounds which should be calling in interest to equate the justice. Your advocate knows this part and leave this to him.
Regards,
RDS Yadav
MANAGEMENT CONSULTANT AND TRAINER
5th January 2015 From India, Bareilly
Thanx RDS YADAV for your valuable input. I am gonna visit my lawyer for further action and if confused will join this forum in a very short while. It has been really great visiting and discussing my prb on this site and getting so many responses. My best of luck to the moderator and to every member in here.
Regards
Jaideep
6th January 2015 From India,
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