- (1.) Leave granted. We are not inclined to interfere with the order impugned in this appeal, by which the High Court has affirmed an order of a learned Single Judge of the High Court of Kerala at Ernakulam, directing Kerala State Cashew Development Corporation Ltd. (hereinafter referred to as "the Corporation"), the appellant herein, to pay gratuity with interest to the respondent.
(2.) It is now an admitted position that during the pendency of the appeal, the amount of gratuity, directed by the High Court to be paid to the respondent, has already been paid. Since the gratuity amount has already been paid, the only question that remains to be considered for us is whether interest on such delayed payment of gratuity amount should also be directed to be paid to the respondent.
(3.) Section 7 of the Payment of Gratuity Act, 1972 (in short "the Act") deals with determination of the payment of gratuity. Since the gratuity amount has already been paid, Section 7(3-A), which deals with payment of interest for delayed payment of gratuity, would be necessary only to be dealt with in. this appeal and to consider whether interest on delayed payment of gratuity can be directed to be paid by the appellant to the respondent in compliance with Section 7(3-A) of the Act.;