Jagannath Mondal vs State Of West Bengal & Ors
2022 Latest Caselaw 484 Cal

10.02.2022           IN THE HIGH COURT AT CALCUTTA
 Sl. No.7           CONSTITUTIONAL WRIT JURISDICTION
   (PP)                     APPELLATE SIDE
                         (Via Video Conference)
                          WPA 20890 of 2021

                          Jagannath Mondal
                                 Vs.
                       State of West Bengal & Ors.

                  Mr. Manas Kumar Ghosh,
                  Ms. Susmita Dey (Basu)
                  Mr. Kaustav Ghosh
                                               ....for the petitioner.
                  Mr. P. K. Bhattacharyay
                                                    ....for the State.
                  Mr. Amal Kumar Sen,
                  Mr. Sabyasachi Mondal
                                                       ....for CSTC.


                  The writ petition has been filed for release of the

             gratuity amount and interest thereon for the delay as

             also interest for delayed payment of leave salary and

             provident fund amount.       It is submitted by the

             petitioner that during the pendency of the writ

             petition, the principal sum as to the gratuity being

             Rs.6,50,682/ has been paid on 24th December, 2021.

                  The issue which now survives is the interest on

             delayed payment of gratuity, leave salary (principal

             having been paid prior to filing of the writ petition)

             and interest on delayed payment of provident fund

             amount, the principal sum whereof has also been

             paid prior to filing of the writ petition.   So far as

             interest on delayed payment of gratuity is concerned,

             the petitioner is entitled to interest @ 10% per

             annum, being the statutory rate under the Payment
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of Gratuity Act, 1972. On the amount of leave salary,

there is no statutory rate though interest on leave

salary has been granted in line with grant of interest

for delayed payment of gratuity.    In case of delayed

payment of leave salary, the petitioner will be entitled

to receive interest @ 6% per annum which is a fair

and reasonable rate and also the rate awarded by the

Hon'ble Supreme Court of India in the judgment

reported in 2021 SCC OnLine SC 237 (State of

Andhra Pradesh & Anr. Vs. Dinavahi Lakshmi

Kameswari).

     With regard to delay in making payment of

provident fund, the employer submits that the

amount collected from the employees on account of

provident fund along with employer's contribution is

deposited in a trust.     It is the said trust which

disburse the provident fund amount on a requisition

being made by the employer on the retirement of the

employee. The employer says that it had passed the

necessary information to the trust for releasing the

provident fund amount to the petitioner on his

superannuation and is not liable for any delay caused

from the side of the trust in releasing the money.

This issue, therefor, cannot be decided in the absence

of the exempted provident fund trust. The said trust

is not a party to the proceeding.
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     In the aforesaid facts and circumstances, I direct

Calcutta State Transport Corporation (in short CSTC)

to pay interest to the petitioner on the principal sum

of gratuity @ 10% from 1st February, 2021 (the

petitioner having retired on 31st January, 2021) till

the date of actual payment. CSTC is further directed

to pay interest @ 6% on the principal sum of leave

salary from 1st February, 2021 till the date of actual

payment. The interest on both the heads have to be

paid within a period of eight weeks from date.

     No further notice will be given to CSTC as they

are reported. Parties including the officials of CSTC

shall act on the basis of a server copy of this order

without insisting upon production of a certified copy

thereof.

     So far as the delayed payment of provident fund

amount is concerned, the writ petition is kept

pending.

     The petitioner is granted liberty to add Calcutta

State Transport Corporation Employees' Provident

Fund Trust having its office at 45, Ganesh Chandra

Avenue, Kolkata - 700 013, as a party respondent by

incorporating the name of the said trust in the cause

title within a period of two weeks from date. The

petitioner is also directed to serve a copy of the

amended writ petition on the respondents including

the added respondent.

Let this matter appear on 8th March, 2022.

(Arindam Mukherjee, J.)