Virendra Singh vs Robert Ravi & Anr.

By Hon’ble Mr. Justice Om Prakash VII, Member (J)

The present Contempt Petition is filed against non-compliance of the order dated 19.03.2025 passed in OA No. 940/2012. In OA No. 940/2012, while allowing the OA, the following directions were given to the respondents:-

Learned counsel for the applicant submitted that in compliance with the direction of the Tribunal passed in OA No. 940/2012, respondents paid the gratuity amount to the tune of Rs. 947595/- to the applicant on 20.05.2026 but towards interest on the delayed payment of gratuity amount to the tune of Rs. 860624/- @ 6% simple interest is still to be paid to the applicant. Thus, it is falsely mentioned in the compliance affidavit that the order of the Tribunal has fully been complied with although respondents have not paid any interest on the delayed payment of gratuity.

In reply, learned counsel for the respondents submitted that in compliance with the direction of Tribunal passed in OA No. 940/2012, applicant has paid Rs. 947595/- regarding payment of gratuity but interest on the delayed payment of gratuity has been sent to competent authority for its approval, whenever approval was obtained, the interest on the delayed payment of gratuity will be released. Thus, substantial compliance has been made in this case, thus, contempt petition is liable to be dismissed.

We have heard and considered the arguments of learned counsel for the parties and gone through the material on record.

From the record, it appears that, by order dated 19.03.2025 passed in O.A. No. 940/2012, this Tribunal directed the respondents to release all the retiral dues which has been withheld, along with simple interest at the rate of 6% per annum on the arrears. The said exercise was required to be completed within four months from the date of receipt of a certified copy of the order.

It is not disputed that the respondents have paid a sum of Rs. 9,47,595/- towards gratuity to the applicant on 20.05.2026. However, the interest payable on the delayed payment of gratuity has not yet been released. Learned counsel for the respondents has submitted that the matter has been sent to the competent authority for approval and the interest shall be paid after such approval is obtained.

We find that the direction issued by this Tribunal was not limited to the payment of retiral dues alone. The respondents were also specifically directed to pay simple interest at the rate of 6% per annum on the arrears. Therefore, unless the interest directed by this Tribunal is paid, the order cannot be treated as fully complied with. The mere fact that the matter has been referred to the competent authority for approval does not amount to compliance with the direction regarding payment of interest. The respondents are required to take necessary steps to complete the process and ensure payment in accordance with the order of this Tribunal. However, since the respondents have stated that the matter relating to interest has been sent to the competent authority for approval, we consider it appropriate to grant them a final opportunity to comply with the order of this Tribunal.

Accordingly, the respondents are directed to obtain the necessary approval, if required, and release the interest payable to the applicant at the rate of 6% per annum, in terms of the order dated 19.03.2025 passed in O.A. No. 940/2012, within a period of two months from the date of receipt of a certified copy of this order. The respondents shall also file a compliance affidavit before this Tribunal within the aforesaid period.

List this Contempt Petition on 14.12.2026 for filing compliance affidavit. In case the aforesaid direction is not complied with, the competent authority among the respondents shall appear in person/ through video conferencing before this Tribunal on the next date of listing to explain the reasons for such non-compliance.