Fis Payment Solutions & Services ... vs The Assistant Labour ...
2021 Latest Caselaw 196 Cal

S/L 7
14.01.2021
Court No.22
SD
                              WPA 3 of 2021
                          (Via Video Conference)

                FIS Payment Solutions & Services India Pvt. Ltd.
                                     Vs.
              The Assistant Labour Commissioner (Central)-II & Ors.


              Mr. Soumya Majumder
              Mr. Jeevan Ballav Panda
              Mr. Rishav Dutt
              Mr. Soumalya Ganguli
              Mr. Sourav Roy
                                                  ... for the Petitioner.

              Mr. R. Guha Thakurta
                                              ... for the Respondent No.4.

Mr. Joydip Banerjee Mr. Abhishek Banerjee Ms. Parna Roy Choudhury ... for the Respondent No.5.

Supplementary affidavit filed by the petitioner is kept

with the record. Copy of the same has already been served

upon the respondent no.4.

The learned Advocate for the petitioner submits that

regarding the responsibility of payment of gratuity whether

is on the principal employer or the contractor, divergent

views have been expressed by different High Courts. He has

placed three judgments in support of such submissions and

has elaborated the same before me today.

Learned Advocate for the respondent no.4 submits

that only this morning he has received the brief and he is not

prepared for hearing of this matter but has also raised a

preliminary point as to maintainability of the writ

application submitting that there is a provision of appeal.

Considering the submissions, I adjourn this matter

for one week.

This matter will appear in the list on January 22,

2021.

(Abhijit Gangopadhyay, J.)