Paschim Banga Gramin Bank And ... vs The Ld. Deputy Chief Labour ...
2021 Latest Caselaw 16 Cal

4th January,2021
   (D/L No.3)
    (SKB)

                                   W.P.A. 4506 of 2020
                                   (Via Video Conference)

                        Paschim Banga Gramin bank and another
                                         Versus
                   The Ld. Deputy Chief Labour Commissioner (Central),
                                   Kolkata and others


                             Mr. Baidurya Ghosal,
                             Mr. Bikash Shaw
                                                       ... for the petitioners


                      Affidavit of service filed in Court today be kept with

              the records.

                      This is a matter relating to calculation of gratuity of

              respondent no.4 who was an employee of the petitioners

being the Paschim Banga Gramin Bank. The case of the

petitioners is that the employee was paid the gratuity as

calculated by the said bank on the basis of applicable

regulation and the Assistant Labour Commissioner

(Central) and Controlling Authority before whom the

employee raised the dispute as to quantum of gratuity

passed an order in favour of the Bank, the petitioners

herein.

Against the said order, an appeal was preferred by

the respondent no.4 and the appellate forum being the

Deputy Chief Labour Commissioner (Central), Kolkata,

had set the order of Assistant Labour Commissioner

(Central) aside and decided the dispute in favour of the

employee and against the employer, the said Bank.

Here the main question is whether the employee

can take advantage both of the Payment of Gratuity Act

and at the same time Regulation made by the employer

for payment of gratuity in respect of the questions where

the regulation is silent or he had to elect any of the one

which is better for him.

Learned advocate for the petitioners submits that

the similar question was decided by one learned Single

Judge of this Court which has also been annexed at page

189 of the writ application and the learned Single Judge

also held in favour of the employee and upheld the

judgment passed by the Deputy Chief Commissioner

(Central), Kolkata. He further submits that the order

passed by the learned Single Bench of this Court has

been challenged by way of an appeal by the Paschim

Banga Gramin Bank and on 11th February, 2020 the

Hon'ble Division Bench of this Court passed an order of

stay on the judgment and order passed by the learned

Single Bench of this Court and this matter will also be

guided by the decision that will be finally taken by the

appeal court.

Today, when the matter is taken up for hearing, the

respondent no.4 or any other respondent has not

appeared.

I direct the respondent no.4 to file an affidavit-in-

opposition in this matter by three weeks from date with a

copy upon the petitioners and the petitioners are directed

to file reply, if any, by two weeks thereafter.

After expiry of that period, the matter will appear in

the list upon mentioning for hearing.

Learned advocate for the petitioner submits that in

such case of direction for filing affidavits, an interim order

may be passed by directing the respondent no.1 not to

take any step with regard to the execution or

implementation of the order dated 21st January, 2020 in

Appeal No.48(22) of 2019 passed by the respondent no.1.

Considering the facts and circumstances of this

case, I grant a stay of limited period up to 2nd February,

2021 of the order dated 21st January, 2020 in Appeal

No.48(22) of 2019 passed by the respondent no.1.

A copy of the order of the appeal court dated 11th

February, 2020 in a similar matter as stated by the

petitioner be kept on record.

The petitioners are directed to serve a notice upon

the respondent no.4 along with a copy of this order in

course of this week.

(Abhijit Gangopadhyay, J.)