Smt. Uma Pal vs The Durgapur Projects Limited & ...
2022 Latest Caselaw 3402 Cal

    96
14.06.2022
 Ct. No.23
     pg.
                        IN THE HIGH COURT AT CALCUTTA
                       CONSTITUTIONAL WRIT JURISDICTION
                                APPELLATE SIDE

                                  WPA 8379 of 2022

                                   Smt. Uma Pal
                                        Vs.
                         The Durgapur Projects Limited & Ors.

                       Mr. Ayan Banerjee
                       Mr. Suman Banerjee
                                  ... For the petitioner
                       Mr. Sujit Sankar Koley
                                   ... For the respondents

Affidavit of service filed in Court today is taken on

record.

The petitioner was an employee in Durgapur

Projects Limited (in short "DPL"), the respondent no.1. The

petitioner retired from service on 31st March, 2020. The

petitioner on her retirement was entitled to payment of

gratuity of Rs.9,81,827/-. This figure is not in dispute. The

petitioner was paid this amount on 24th May, 2021

towards gratuity. The date of payment is also not in

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

about 14 months in making of the said sum of

Rs.9,81,827/- on account of gratuity. The petitioner

further says that he has not been paid the amount due on

account of 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") since the

same is part of the retiral benefits.

The petitioner further says that the petitioner is

entitled to payment of salary equivalent to 153 days

Earned Leave lying in her credit on the date of retirement.

DPL is liable to pay the said sum on account of Leave

Salary to the petitioner. As such sum has not yet been

paid, the petitioner is entitled to receive the principal sum

with interest from the date of retirement till actual

payment. The learned advocate for DPL, on instruction,

admits that the petitioner is entitled to 153 days Leave

Salary.

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.

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.9,81,827/- being the amount on account of gratuity

calculated on and from 1st April, 2020 till 24th May, 2021,

a sum equivalent to salary for 153 days calculated on the

basis of her last drawn salary with interest @ 6 per cent

per annum from 1st April, 2020 till actual payment, 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 April, 2020 till 24th

May, 2021.

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.)