Calcutta High Court (Appellete Side)
Soumendu Das vs The Durgapur Projects Limited & ... on 16 August, 2022
38
16.08.2022
Ct. No.23
pg.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
WPA 18044 of 2022
Soumendu Das
Vs.
The Durgapur Projects Limited & Ors.
Mr. Tathagata Deb
... For the petitioner
Mr. Sujit Sankar Koley
... For the respondents
The petitioner was an employee in Durgapur
Projects Limited (in short "DPL"), the respondent no.1. The
petitioner retired from service on 30th September, 2021.
The petitioner on his retirement was entitled to payment of
gratuity of Rs.5,94,163/-. This figure is not in dispute. The
petitioner was paid this amount on 13th July, 2022
towards gratuity. The date of payment is also not in
dispute. The petitioner says that there has been a delay of
about 9 months in making payment of the said sum of
Rs.5,94,163/- on account of gratuity. The petitioner
further says that he has not been paid the amount due on
account of leave salary. The petitioner, therefor, says that
he 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").
It also appears from a memo dated 22nd February,
2022 issued by DPL (appearing at page 13 of the writ
petition) that the petitioner is entitled to payment of salary
equivalent to 300 days Earned Leave lying in his credit on
the date of retirement. DPL is liable to pay the said
payment of salary equivalent to 300 days Earned Leave to
the petitioner as such sum has not yet been paid with
interest from the date of retirement till actual payment
since there is no dispute in this regard.
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.
This writ petition, as such, 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.5,94,163/- being the amount on account of gratuity
calculated on and from 1st October, 2021 till 13th July,
2022, a sum equivalent to salary for 300 days towards
encashment of earned leave calculated on the basis of his
last drawn salary with interest @ 6 per cent per annum
from 1st October, 2021 till actual payment, 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 October, 2021 till
13th July, 2022.
Nothing further remains to be adjudicated in this
writ petition.
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.)
