Mrinal Halder vs The Durgapur Projects Limited & ...
2022 Latest Caselaw 3985 Cal

     16
05.07.2022
 Ct. No.23
     pg.
                      IN THE HIGH COURT AT CALCUTTA
                     CONSTITUTIONAL WRIT JURISDICTION
                              APPELLATE SIDE

                                WPA 11864 of 2022

                                 Mrinal Halder
                                      Vs.
                       The Durgapur Projects Limited & Ors.


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

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.11,26,643/-. This figure is not in dispute. The petitioner was paid this amount on 14th 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.11,26,643/- 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 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.11,26,643/- being the amount on account of gratuity and leave salary calculated on and from 1st August, 2017 till 14th 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 14th December, 2018.

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.)