Calcutta High Court (Appellete Side)
M/S. West Bengal Transport ... vs Shankar Chandra Mullick on 10 February, 2022
10.02.2022
Ct. 21
D/L 7
ab
C.O. 2025 of 2021
(Via Video Conference)
M/s. West Bengal Transport Corporation Limited
-Vs-
Shankar Chandra Mullick
Mr. Arijit Bardhan,
Ms. Deblina Chattaraj
... for the petitioner
The petitioner is represented by its lawyer.
Heard learned advocate for the petitioner.
The present application under Article 227 is at
the instance of M/s. West Bengal Transport Corporation
Limited being aggrieved by the order dated 3rd
September, 2021 and order dated 8th October, 2021
passed by the learned Certificate Officer, South 24
Parganas, whereby the petitioner was directed to make
payment sum of rupees 1,02,222/- in favour of
certificate holder and for issuance of notice in Form No.
30 under Rule 77 of the Bengal Public Demand
Recovery Act, 1913.
It has come on record that Sri Sankar Chandra
Mallick, certificate holder/opposite party was an
employee of petitioner and who had to approach the
Controlling Authority, under the Payment of Gratuity
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Act, 1972 for recovery of his gratuity after retirement
when his employer failed to pay the same. The
Controlling Authority, after hearing both the employer
and retired employee held the employee is still entitled
to receive Rs.1,43,541/- towards gratuity including
interest from the employer on 15.02.2019. Then,
referred the matter to the Certificate Officer, South 24
Parganas on 16.11.2019 for realization of such dues.
The present petitioner appears to have filed a
petition before certificate officer not to proceed further
as it had moved the Appellate Forum on 07.01.2020.
Nothing is there on record to show what was the fate of
the Appeal.
Rather, the order sheet dated 16.08.21 of
Certificate Officer shows that certificate debtor has
cleared only Principal Amount and interest is yet to be
paid off and directed parties to submit interest
calculation sheet by 03.09.2021 and final payment to
be cleared by 10.09.21. The certificate holder appears to
have submitted interest calculation sheet showing due
of Rs.1,02,221.94 paisa on 16.08.2021.
Order sheet dated 03.09.21 shows the present
petitioner was directed to clear due of Rs.1,02,222/- by
September 2021 and on that day both side were
present.
Now, it has been contended by learned advocate
for the petitioner that petitioner has already cleared
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such due of Rs 1,02,221 by issuing cheque no. 164669
dated 24.02.2020 to Sri Sankar Chandra Mallick/the
certificate holder and which was withdrawn by the
certificate holder on 04.03.2020. Learned advocate
produced Xerox Copy of the account payee cheque no.
164669 dated 24.02.2020 for Rs. 1,02,221/- drawn in
the name of Sri Sankar Chandra Mallick. The bank
statement of petitioner shows such cheque was cleared
on 04.03.2020.
The order of the controlling authority passed on
15.02.2019
shows that opposite party was entitled to
gratuity to the tune of Rs. 1,98,995/- for rendering of
19 years of service to the petitioner corporation. He was
paid only rupees 1,07,460/- out of Rs. 198,995/- to
which he is entitled to on 11.08.2014. Therefore, the
controlling authority held that opposite party is still
entitled to balance gratuity amounting to Rs. 91,587/-
along with interest of Rs. 51,944/- thereon.
The order sheets of the certificate officer dated
16.08.21 and 03.09.21 show that principal amount was
already cleared and interest to the tune of Rs.
1,02,222/- was yet to be paid by the present petitioner.
When such orders were passed both sides happened to
be present before certificate official. Then it not known if
the petitioner has already cleared the interest of
Rs,1,02,222/-on 24.02.2020, more than a year ago
then how its representative failed to bring to the notice
of the certificate officer by producing the bank
statement and copy of cheque on 16.08.21 and on
03.09.21 showing clearance of entire dues. The order
16.08.21 shows that it was submitted before certificate
officer that only principal amount was cleared and not
the interest. Therefore, this court is unable to accept
the submission of the petitioner's lawyer that all dues
are cleared. The petitioner is directed to produce all the
documents to prove payment as ordered by the
Controlling Authority on 15.02.2019 before the
certificate officer on the date so fixed by the certificate
officer. Consequently, the impugned order dated
03.09.2021 passed by certificate officer is not interfered.
So far notice dated 08.10.2021 is concerned, this
court holds that Rules 77 of Bengal Public Demand
Recovery Act, 1913 being already omitted by section 4
of the Bengal Public demand Recovery (Amendment) Act
of 1953 (West Ben. Act XIII of 1953) in that case the
notice which has been issued by the Certificate Officer
on 08.10.2021 against the Law and Claims Officer of
the petitioner, appears to be without jurisdiction.
Therefore, the notice dated 08.10.2021 under Rule 77
and in Form 30 is hereby set aside being illegal and
void.
In view of such observation, this revisional
application is disposed of and the matter is send back
to the Certificate Officer to call for all payment related
documents along with bank statement from the present
petitioner towards the payment, as ordered by
Controlling Officer, under Payment of Gratituity
Act,1972 on 15.02.2019 and dispose of the certificate
case.
Accordingly, C.O. 2025 of 2021 is disposed of.
Interim order, if any, stands discharged.
There will be no order as to costs.
All parties shall act in terms of the copy of the
order downloaded from the official website of this Court.
Urgent Xerox certified photocopies of this
judgment, if applied for be given to the parties upon
compliance of the requisite formalities.
( Kesang Doma Bhutia, J.)
