Calcutta High Court
Ltd vs The State Of West Bengal & Others on 18 April, 2022
OD-13
ORDER SHEET
WPO/56/2014
IA No: GA/1/2015 (Old No: GA/3881/2015),
GA/5/2021
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
THE CAL TRAMWAYS EMPLOYEES' CO-OPERATIVE CREDIT SOCIETY
LTD.
VS
THE STATE OF WEST BENGAL & OTHERS
BEFORE:
The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA
Date : 18th April, 2022.
Appearance:
Mr. Saptangsu Basu, Sr. Adv.
Mr. Shibnath Bhattacharya, Adv.
Mr. Soumya Majumder, Adv.
The Court: A short question arises for consideration in the
present matter - whether the respondent/employer is liable to pay any
further amount in lieu of interest as envisaged under Section 59(3) of the
West Bengal Co-operative Societies Act, 2006 to the writ petitioner / Co-
operative Society.
The learned Senior Advocate appearing for the petitioner, in
principle, has relied upon the provisions of Section 59(3) itself for claiming
that the entire amount of interest payable due to default in making
payment on the part of the respondent is yet to be paid to the petitioner.
The learned Senior Advocate further places reliance on the order
dated August 8, 2018 passed by the Hon'ble Justice Rajasekhar Mantha,
wherein the learned Single Judge had recorded, inter alia, that it was
admitted on behalf of the State by an affidavit that the total outstanding
dues of the State/Company payable to the Co-operative Society was
Rs.18,44,31,319.13p. on account of employees' dues.
It was further recorded in the said order that the Co-operative
Society, however, without disputing the admission of the State/ Company,
claimed a total sum of Rs.29,62,29,740.56p. from the employer, which
included interest from the date on which the principal salary amount had
accrued.
Learned counsel appearing for the respondent cites Section 7 of
the Payment of Wages Act, 1936 in support of his argument that the
'deduction' referred to in Section 59 of the 2006 Act is, in turn, referable to
the provisions of the Payment of Wages Act, 1936, as evident from sub-
section (2) of Section 59 of the 2006 Act.
However, Section 7 of the 1936 Act, which deals with deduction
which may be made from wages, does not contemplate any further
deduction from the wages than provided therein.
It is disputed by learned counsel for the respondent that it was
conclusively agreed by the parties that interest was due at all in terms of
Section 59(3) of the 2006 Act and specifically contends that the payments
were made within time; as such, no question of any default in payment as
contemplated in sub-section (3) of Section 59 of the 2006 Act has arisen at
all, for interest to have accrued.
Learned counsel for the respondent further relies on several
subsequent orders of other Co-ordinate Benches of this court in support of
his contention that the question as to the actual amount due, if any, by the
respondent/employer to the writ petitioner was kept open at all points of
time to be decided at the time of final hearing of the writ petition.
It appears from several orders recorded before several Co-ordinate
Benches in the matter, that there have been several deviations between the
stand of parties at different junctures on the point of the amount actually
due by the employer to the writ petitioner, if any. Although initially an
affidavit was filed on behalf of the State/Company indicating the exact
amount of outstanding dues, the said amount had been clearly disputed by
the Co-operative Society/writ petitioner, which had claimed that interest
from the date of which the principal salary amount had accrued was also
required to be paid by the employer by virtue of Section 59(3) of the 2006
Act.
Although the primary arguments of both the parties have been
elaborately advanced today, since there is a dispute as regards the actual
amount, if any, due in lieu of interest, this Court feels it necessary to
request learned counsel appearing for the parties to file their respective
written notes of arguments, indicating therein, apart from the
points/contentions of argument, relevant judgments and/or provisions of
law, if any, the actual amount, if at all due from the respondent/employer
to the writ petitioner. If so, the parties shall indicate the basis and break-
up of such dues, if any, in the written notes of arguments.
Such written notes shall be filed on May 2, 2022 when the matter
shall next be enlisted under the heading "To Be Mentioned" for filing of
written notes of arguments.
(SABYASACHI BHATTACHARYYA, J.)
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