Nikhil Kumar Ghosh vs The Durgapur Projects Limited & ...
2022 Latest Caselaw 6032 Cal

29.08.2022            IN THE HIGH COURT AT CALCUTTA
   DL-11             CONSTITUTIONAL WRIT JURISDICTION
   (PP)                    APPELLATE SIDE

                           WPA 19252 of 2022

                         Nikhil Kumar Ghosh
                                 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 August,

2021. The petitioner on his retirement was entitled to

payment of Rs.10,10,350/- on account of gratuity. This

figure is not in dispute. The petitioner was paid this

amount on 18th July, 2022. The date of payment is

also not in dispute. The petitioner says that there has

been a delay of about 10 months in making of the said

sum of Rs. 10,10,350/- on account of gratuity. The

petitioner also says that he has not been paid the

principal sum on account of leave salary though by an

order dated 5th August, 2022 DPL has themselves

sanctioned salary equivalent to 300 days towards

earned leave to the petitioner. The petitioner claims the

principal sum on account of earned leave along with

interest for the delay in making payment of the same.

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 also the

principal sum on account of earned leave along with

interest for the delay in making payment of the same.

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.10,10,350/- being the amount on

account of gratuity calculated on and from 1st

September, 2021 till 18th July, 2022 and salary

equivalent to earned leave of 300 days calculated at the

applicable rate along with interest @ 6% on such

principal sum from 1st September, 2022 till actual

payment thereof 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 September, 2021 till 18th July, 2022

and at the same rate on unpaid leave salary.

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.)