Calcutta High Court (Appellete Side)
Smt. Dipti Kundu vs The Durgapur Projects Limited & ... on 17 May, 2022
131
17.05.2022
Ct. No.23
pg.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
WPA 8396 of 2022
Smt. Dipti Kundu
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 August, 2019. The
petitioner on her retirement was entitled to payment of
gratuity of Rs.10,69,295/-. This figure is not in dispute.
The petitioner was paid this amount on 14th December,
2020 towards gratuity. The date of payment is also not in
dispute. The petitioner says that there has been a delay of
about 15 months in making of the said sum of
Rs.10,69,295/- on account of gratuity. The petitioner
further says that she 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.
It further appears from a memo dated 24th August,
2020 issued by DPL (appearing at page 14 of the writ
petition) that the petitioner is entitled to payment of salary
equivalent to 195.5 days Earned Leave lying in her credit
on the date of retirement. DPL is liable to pay the said
payment of salary equivalent to 195.5 days Earned Leave
to the petitioner as such sum has not yet been paid with
interest from the date of retirement till actual payment
since there is no dispute in this regard.
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.10,69,295/- being the amount on account of gratuity
calculated on and from 1st September, 2019 till 14th
December, 2020, a sum equivalent to salary for 195.5 days
calculated on the basis of her last drawn salary with
interest @ 6 per cent per annum from 1st September, 2019
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
September, 2019 till 14th 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.)
