Kc Fis Payment Solutions And ... vs The Assistant Labour ...
2021 Latest Caselaw 252 Cal

    12                           WPA 11399 of 2020
19.01.2021
   KC                 FIS Payment Solutions and Services India Pvt. Ltd.
                                             Vs.
                    The Assistant Labour Commissioner (Central)-II & Ors.


             Mr.   Soumya Majumdar
             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. Abhishek Banerjee Mr. Joydip Banerjee Ms. Parna Roy Chowdhury.

... for the respondent no. 5.

In this matter, the question raised by the writ

petition is, who is liable to pay the gratuity to the workmen:

the principal employer or the contractor under the principal

employer or the sub-contractor under the contractor. The

petitioner is a contractor under the principal employer,

Punjab National Bank. The sub-contractor is also present

and the Punjab National Bank, the principal employer is also

present.

In the course of the hearing on behalf of the

workmen, it has been submitted that there is a provision of

appeal and the petitioner has not taken recourse to that

and the writ petition is not maintainable.

Learned advocate for the sub-contractor

submits that there is suppression of material fact and

there is alternative remedy and that is why the writ

petition is not maintainable here.

Learned advocate for the contractor, who has

been held liable to pay the gratuity, submits that because

of divergent opinion of different Courts, this matter

requires hearing before taking a decision.

After hearing submissions, I will first decide

the question of maintainability as has been raised by the

workmen. If I decide that it is a maintainable writ petition,

then I will go to other question as has been raised today.

But in the meantime, I request the learned advocates

appearing today to exchange amongst themselves the

citations of judgments on which they will rely upon at the

time of hearing.

By consent of the appearing parties, this

matter is fixed on 25th January, 2021 when it will be taken

up at 2 P.M. as the third matter after recess.

(Abhijit Gangopadhyay, J.)