Gita Rani Das vs The Durgapur Projects Limited & ...
2022 Latest Caselaw 3982 Cal

     19
05.07.2022
 Ct. No.23
     pg.
                        IN THE HIGH COURT AT CALCUTTA
                       CONSTITUTIONAL WRIT JURISDICTION
                                APPELLATE SIDE

                                 WPA 11873 of 2022

                                   Gita Rani Das
                                        Vs.
                         The Durgapur Projects Limited & Ors.


                       Mr. Siddhartha Sarkar
                                  ... For the petitioner
                       Mr. Sujit Shankar Koley
                                   ... For the respondents

Affidavit of service filed in Court today is taken on

record.

The petitioner is the widow of a retired employee of

Durgapur Projects Limited (in short "DPL"), the respondent

no.1. The petitioner's husband retired from service with

effect from 30th November, 2018 and died on 31st August,

2019. The petitioner is claiming interest on delayed

payment of gratuity and leave salary. The husband of the

petitioner on his retirement was entitled to payment of

gratuity and an amount on account of leave salary

aggregating to Rs.13,35,024/-. This figure is not in

dispute. The petitioner's husband was paid this amount on

4th September, 2020. The date of payment is also not in

dispute. The petitioner says that there has been a delay of

about 21 months in making of the said sum of

Rs.13,35,024/- on account of gratuity and leave salary.

The husband of the petitioner, therefor, was 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.

Although, there is a delay in approaching the

Court, but the delay, according to me, is not a very long

delay which is fatal and disentitles the petitioner of her

claim.

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.

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.13,35,024/- being the amount on account of gratuity

and leave salary calculated on and from 1st December,

2018 till 4th September, 2020 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 December, 2018 till 4th September, 2020.

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.)