Saibal Basu vs The Durgapur Projects Limited & ...
2021 Latest Caselaw 6511 Cal

     61
21.12.2021
 Ct. No.23
     pg.
                        IN THE HIGH COURT AT CALCUTTA
                       CONSTITUTIONAL WRIT JURISDICTION
                                APPELLATE SIDE
                                   WPA 20048 of 2021
                                      Saibal Basu
                                          Vs.
                           The Durgapur Projects Limited & Ors.

                       Mr. Siddhartha Sarkar
                                  ... For the petitioner
                       Mr. Sujit Shankar Koley
                       Mr. S.R. Saha
                                   ... For the respondents

Affidavit of service filed in Court today is taken on

record.

The petitioner was an employee in Durgapur

Projects Limited (in short "DPL"), the respondent no.1. The

petitioner retired from service on 31st December, 2020. The

petitioner on his retirement was entitled to payment of

gratuity of Rs.20,00,000/-. This figure is not in dispute.

The petitioner was paid this amount on 1st July, 2021

towards gratuity. The date of payment is also not in

dispute. The petitioner says that there has been a delay of

about 6 months in making of the said sum of

Rs.20,00,000/- on account of gratuity. The petitioner

further says that he has not been paid the amount due on

account of leave salary. The petitioner, therefor, is entitled

to interest for delayed payment of gratuity as per the

provisions of Section 7(3A) of the Payment of Gratuity Act,

1972 (hereinafter referred to as the "said Act") since the

same is part of the retiral benefits.

It further appears from a memo dated 27th August,

2021 issued by DPL (appearing at page 11 of the writ

petition) that the petitioner is entitled to payment of salary

equivalent to 290 days Earned Leave lying in his credit on

the date of retirement. DPL is liable to pay the said

payment of salary equivalent to 290 days Earned Leave to

the petitioner as such sum has not yet been paid with

interest from the date of retirement till actual payment

since there is no dispute in this regard.

The issues involved in the instant writ petition are

squarely covered by a recent judgment and order of this

Court dated 9th August, 2021 passed in WPA 11485 of

2021 (Kajal Pal v. The Durgapur Projects Ltd. & Ors.). The

consensus between the parties as was in case of Kajal Pal

(supra) is also there in the instant case.

As such, this writ petition is disposed of on the

similar lines as in Kajal Pal (supra), which are as follows:-

The respondent no.1 is directed to pay interest to

the writ petitioner at the rate of 6 per cent per annum on

Rs.20,00,000/- being the amount on account of gratuity

calculated on and from 1st January, 2021 till 1st July,

2021, a sum equivalent to salary for 290 days calculated

on the basis of his last drawn salary with interest @ 6 per

cent per annum from 1st January, 2021 till actual

payment, within a period of six months from the date of

communication of a photostat certified copy of this order

and in default statutory rate of 10 per cent as in case of

gratuity will be attracted on the entire amount from 1st

January, 2021 till 1st July, 2021.

Nothing further remains to be adjudicated in this

writ petition. The same is disposed of accordingly without

any order as to costs.

Since I have not called for any affidavits,

allegations made in the writ petition are deemed to have

not been admitted by the respondents.

Urgent photostat certified copy of this order, if

applied for, be given to the parties, upon compliance of

necessary formalities.

(Arindam Mukherjee, J.)