Calcutta High Court (Appellete Side)
Rilaxon (Coir & Felt Div.) Gujrat ... vs Suryadeo Yadav & Ors on 1 July, 2021
02.
01.07.2021
.
Ct. No. 11.
F.B.
MAT 529 of 2021
with
IA No. CAN 1 of 2021
(Via Video Conference)
Rilaxon (Coir & Felt Div.) Gujrat Composite Limited
-Vs.-
Suryadeo Yadav & Ors.
Mr. Sujit Kumar Sharma
..... For the Appellants.
Mr. Sirsanya Bandyopadhyay,
Mr. Subhendu Sengupta
..... For the State.
Under challenge in this appeal is the order of the
Hon'ble Single Bench dated 23rd of April, 2021 in WPA
8167 of 2021. The Hon'ble Single Bench was pleased to
notice in the presence of the Director of the Company
concerned, the assessment by the Certificate Officer of
the total gratuity dues payable to the writ petitioner.
It is submitted by Mr. Bandyopadhyay, Learned
Junior Standing Counsel, that steps are being taken by
the concerned State Authority to act in terms of the
Certificate issued by the Certificate Officer.
This Court further notices from the judgment
and order impugned of the Hon'ble Single Bench that
the matter has been kept for further consideration on a
following date at a fixed time. The matter has been
treated to be 'Heard-in-part' by the Hon'ble Single
Bench as, it was substantially heard.
On behalf of the appellants, Mr. Sharma,
Learned Counsel appears and, takes several points
which, in the view of this Court, can be taken before the
Hon'ble Single Bench at the hearing.
This order impugned has not settled the rights of
the parties and, in view of the satisfaction of this Court
that there is no judgment and final order eligible to be
considered fit for an appeal under Clause 15 of the
Letters Patent, the writ petition is returned to the
Hon'ble Single Bench for final adjudication on merits.
This Court is today also handed over copies of
the Reports filed by the Certificate Officer, Serampore,
Hooghly in compliance with its previous direction dated
28th of June, 2021. The reports attempt to show the
steps purported to have been taken by the State in
terms of the Certificate issued by the Certificate Officer.
It is made clear that the State shall be free to
take such steps in accordance with law and report the
same to the Hon'ble Single Bench.
Accordingly, MAT 529 of 2021 along with CAN
1 of 2021 stand dismissed.
Since affidavits are not invited, the allegations
made in this appeal are deemed to be denied and
disputed.
Before parting with this discussion, it would be
important to notice that the concerned Uttarpara Police
Station was directed to execute the Warrant of Arrest
against the Director of the said Company by the 27th of
December, 2019. It is also important to notice that
since the Warrant of Arrest was not executed, the
Hon'ble Single Bench was constrained to call for in
person the Director of the said appellant Company.
Accordingly, let a copy of this order be endorsed
to the Commissioner of Police, Chandannagar
Commissionerate, for necessary further action.
Documents produced today be retained with the
record.
All parties to act in terms of the copy of the
order downloaded from the official website of this Court.
Urgent photostat certified copies of this order, if
applied for, be given to the parties upon compliance of
all necessary formalities.
(Ravi Krishan Kapur, J.) (Subrata Talukdar, J.)
