Rahaman Seikh vs The Durgapur Projects Limited & ...
2022 Latest Caselaw 5460 Cal

16.08.2022            IN THE HIGH COURT AT CALCUTTA
   DL-28             CONSTITUTIONAL WRIT JURISDICTION
   (PP)                    APPELLATE SIDE

                           WPA 17060 of 2022

                            Rahaman Seikh
                                 Vs.
                   The Durgapur Projects Limited & Ors.


                    Mr. Siddhartha Sarkar
                                               ....for the petitioner.

                    Mr. S. S. Koley
                                                         ....for DPL.


                   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 31st May, 2019.

The petitioner on his retirement was entitled to

payment of gratuity and an amount on account of

leave salary aggregating to Rs.12,46,823/-. This figure

is not in dispute. The petitioner was paid this amount

on 14th August, 2020. The date of payment is also not

in dispute. The petitioner says that there has been a

delay of about 14 months in making of the said sum of

Rs.12,46,823/- 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.12,46,823/- being the amount on

account of gratuity and leave salary calculated on and

from 1st June, 2019 till 14th August, 2020 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 entire amount from 1st June, 2019

till 14th August, 2020.

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.)