M/S. Shree Gouri Shankar Jute ... vs Shri Shambhu Nath Chaudhury & Ors
2022 Latest Caselaw 4709 Cal

Form No. J(2) Item No. 2

             IN THE HIGH COURT AT CALCUTTA
                     Constitutional Writ Jurisdiction
                             Appellate Side

Present:
The Hon'ble Justice T.S.Sivagnanam
              And
The Hon'ble Justice Bivas Pattanayak


                         M.A.T. 661 of 2022


                 M/s. Shree Gouri Shankar Jute Mills Ltd.
                                   vs.
                  Shri Shambhu Nath Chaudhury & ors.


For the Appellant:              Mr. Jaytosh Majumdar
                                Mr. Debabrata Mondal
                                Ms. Sreetama Neogi

For the Respondent No. 4:       Mr. Falguni Bandyopadhyay

Mr. Ashim Hati Ms. Riya Ballav

For the Respondent No. 1: Ms. Molly Das

For the State: Mr. Susanta Pal Mr. Ananda Dulal Sarkar

Heard on : 25.07.2022.

Judgment on          : 25.07.2022.





T.S.Sivagnanam:

This intra-Court appeal is directed against the order dated

20th April, 2021 passed in WPA 5082 of 2020. Considering the

peculiar facts and circumstances of the case, we are of the view the

writ petition should be heard along this appeal and should be

disposed of by a common judgment and order. Accordingly, the writ

petition is taken up for disposal along with this appeal. WPA 5082 of

2020 is treated as on day's list.

We have heard elaborately learned counsel for all the parties.

The respondent workman filed the said writ petition, being

WPA 5082 of 2021, praying for issuance of writ mandamus to direct

the appellant management to pay the amount of Rs.4,12,781.70 only

upto 31.07.2019 plus further compound interest at the rate of 15%

from 1.8.2019 till realization in terms of the Gratuity Certificate dated

16.02.2017.

The matters pertain to non-payment of Gratuity to the

respondent-workman which compelled him to approach the

Controlling Authority under the Payments of Gratuity Act, 1972,

Barrackpore, North 24 Parganas. The said authority has passed an

order computing gratuity under Section 8 of the Act to the tune of

Rs.1,39,926/- along with applicable amount of interest to be

recovered from the appellant management. The said certificate was

forwarded to the Sub-Divisional Officer and the Certificate Officer,

Barrackpore, North 24 Parganas to take necessary action for recovery

of the amount of gratuity, pursuant to which a certificate was issued

by the Certificate Officer for the said sum. It appears that the said

sum of Rs.1,39,926/- has been paid to the respondent-workman.

Thereafter, the respondent-workman has filed two other applications

before the Sub-Divisional Officer and the Certificate Officer,

Barrackpore, North 24 Parganas praying for issuance of certificate.

Such application was filed on 26.08.2019 whereunder the prayer has

been made for issuance of certificate for Rs.4,12,781.70 upto

31.07.2019 together with 15% compound interest from 01.08.2019 till

realization. This application is still pending.

In our considered view, the Certificate Officer is yet to

adjudicate upon the application filed by the respondent-workman and,

in the meantime, it would not augur well for a writ Court to direct

payment a particular sum of money for which computation is yet to be

made.

Learned counsel for the appellant management submitted

that whatever was due in terms of the computation done by the

Payment of Gratuity Authority has been paid to the respondent-

workman and over and above on account of pressure exerted by the

Revenue Authorities a further sum of more than Rs.1,36,000/- has

been recovered from the appellant management and have also

attached the bank account of the appellant management.

In our considered view, since the workman-respondent has

been driven from pillar to post for recovery of his legitimate demand

on account of gratuity, at this juncture no direction can be issued to

lift the bank attachment as it is pursuant to the order of the

appropriate authority and if at all the appellant management wants

such relief they have to first move to the authority and not seek for

prayer in an intra-Court appeal arising out of an order passed in the

writ petition filed by the respondent-workman. Therefore, such prayer

cannot be granted as mentioned above. The application before the

Sub-Divisional Officer is still pending which has to be decided first. It

is not clear as to why the officer concerned has been taking such a

long time to decide such an issue especially when the workman would

state that the amount claimed before the officer concerned is the

amount payable together with interest. In any event, it is for the said

authority to take a decision in the matter.

In the light of the above, both MAT 661 of 2022 and WPA

5082 of 2022 are disposed of by directing the Sub-Divisional Officer

and the Certificate Officer, Barrackpore, North 24 Parganas,

Government of West Bengal to dispose of the application filed by the

respondent-workman dated 26.08.2019 after hearing the respective

authorized representatives of the appellant management and the

respondent-workman and appropriate order be passed on merits and

in accordance with law within a period of 20 days from the date of

receipt of the server copy of this order.

It is made clear that no further extension of time will be

granted to the said authority and both the parties are directed to

extend full cooperation for expeditious disposal of the said application.

Consequently, connected application, if any, stands disposed

of.

(T.S.Sivagnanam, J.)

(Bivas Pattanayak, J.)

Raja Pal/Amitava Nag (AR CT.)