Bidhan Chandra Das vs The Durgapur Projects Limited & ...
2021 Latest Caselaw 5943 Cal

     109
30.11.2021
 Ct. No.23
    (PP)
                         IN THE HIGH COURT AT CALCUTTA
                        CONSTITUTIONAL WRIT JURISDICTION
                                 APPELLATE SIDE
                                  WPA 18683 of 2021

                                Bidhan Chandra Das
                                       Vs.
                         The Durgapur Projects Limited & Ors.

                       Mr. Ayan Banerjee,
                       Mr. Suman Banerjee
                                               ... 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 30th April, 2014. The petitioner on his retirement was entitled to payment of gratuity and an amount on account of leave salary aggregating to Rs.10,57,343.34. This figure is not in dispute. Out of which, the petitioner was paid Rs.10,14,965/- on 23rd December, 2014 and Rs.42,378.34 on 15th February, 2016. The dates of payment are also not in dispute. The petitioner says that there has been a delay of about 8 months and 22 months in making of the said sum of Rs.10,57,343.34 on account of gratuity and 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") and interest on the same rate on leave salary since the same is part of the retiral benefits.

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.10,14,965/- calculated from 1st May, 2014 till 23rd December, 2014 and Rs.42,378.34 calculated from 1st May, 2014 till 15th February, 2016 being the amounts on account of gratuity and leave salary 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 amounts disbursed on aforementioned two dates, i.e, from 1st May, 2014 till 23rd December, 2014 and from 1st May, 2014 till 15th February, 2016.

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.)