Calcutta High Court (Appellete Side)
Basanta Das vs The Durgapur Projects Limited & ... on 29 August, 2022
29.08.2022 IN THE HIGH COURT AT CALCUTTA
DL-15 CONSTITUTIONAL WRIT JURISDICTION
(PP) APPELLATE SIDE
WPA 19263 of 2022
Basanta Das
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 July, 2017.
The petitioner on his retirement was entitled to
payment of gratuity and an amount on account of
leave salary aggregating to Rs.12,19,143/-. This figure
is not in dispute. The petitioner was paid this amount
on 10th December, 2018. The date of payment is also
not in dispute. The petitioner says that there has been
a delay of about 16 months in making of the said sum
of Rs.12,19,143/- 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 recent Supreme Court judgment reported
in (2022) 4 SCC 627 (Dr. A. Selvaraj v. CBM College &
Ors.) also provides for payment of interest on retiral
dues if paid belatedly for no fault of the employee. The
same is the case over here. 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.12,19,143/- being the amount on
account of gratuity and leave salary calculated on and
from 1st August, 2017 till 10th December, 2018 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 August,
2017 till 10th December, 2018.
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.)
