Calcutta High Court (Appellete Side)
Smt. Manasi Biswas & Anr vs The Durgapur Projects Limited & ... on 29 March, 2022
29.03.2022 IN THE HIGH COURT AT CALCUTTA
Sl. No.34 CONSTITUTIONAL WRIT JURISDICTION
(PP) APPELLATE SIDE
WPA 2668 of 2022
Smt. Manasi Biswas & Anr.
Vs.
The Durgapur Projects Limited & Ors.
Mr. Ayan Banerjee,
Mr. Suman Banerjee
...for the petitioner.
Mr. S. S. Koley
....for DPL.
The petitioners are respectively the widow and
the son of Subrata Biswas, a former employee of
Durgapur Projects Limited (in short DPL), who retired
from the services on 31st October, 2018 and died on
24th March, 2020. The petitioners say that they are
the only legal heir and heiress of the deceased
employee. The petitioners, being the only legal heir
and heiress of the deceased employee, have been paid
Rs.20,00,000/- on account of gratuity on 19th
December, 2020, after a period of almost 26 months
from the date of superannutation of the deceased
employee. The petitioners further say that the
amount due on account of leave salary of the
deceased employee has not been paid. The
petitioners, therefor, are 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
2
same is part of the retiral benefits of the deceased
employee and comprises the estate left behind by
him.
The petitioners have submitted a memo/order
dated 24th August, 2020 passed by the respondent
no.3 wherefrom it appears that the petitioners are
entitled to payment of salary equivalent to 280 days
Earned Leave lying in the credit of the deceased
employee on the date of his retirement. This
document is not annexed to the writ petition, but
produced subsequently. Since there is no dispute as
regard to this document, the same is taken on record.
DPL is liable to pay leave salary equivalent to 280
days Earned Leave calculated on the basis of the
applicable salary of the deceased employee to the
petitioners with interest from the date of retirement of
the deceased employee till actual payment.
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.
The employee concerned died prior to expiry of
three years from the date of retirement and the
petitioners have approached this Court on 14th
February, 2022, i.e. within two years from the date of
death of the employee. Keeping in mind the pandemic
in between there is no delay or laches on the part of
the petitioners in approaching the Court.
This writ petition is as such 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 petitioners at the rate of 6 per cent per
annum on Rs.20,00,000/- being the amount on
account of gratuity calculated on and from 1st
November, 2018 till 19th December, 2020, a sum
equivalent to salary for 280 days calculated on the
basis of the last drawn salary of the deceased
employee with interest @ 6 per cent per annum from
1st November, 2018 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 November, 2018 till 19th December, 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.)
