Kuseswar Yadav @ Kusheswar Yadav vs The State Of West Bengal & Ors
2023 Latest Caselaw 1037 Cal

Form No.J(2)

                 IN THE HIGH COURT AT CALCUTTA
                CONSTITUTIONAL WRIT JURISDICTION
                         APPELLATE SIDE
Present :

The Hon'ble Justice Raja Basu Chowdhury

                           WPA 19874 of 2022

                     Kuseswar Yadav @ Kusheswar Yadav
                                     Vs.
                       The State of West Bengal & Ors.


For the petitioner    :   Mr. R. Guha Thakurta
                          Ms. Senjuti Sengupta


Heard on             :    08.02.2023

Judgment on          :    08.02.2023


Raja Basu Chowdhury, J:


1. The supplementary affidavit filed in Court today on behalf of the

   petitioner is taken on record.


2. Despite service, none appears on behalf of the respondents.

3. The present writ application has been filed, inter alia, praying for

a direction upon the respondent no.3, being the Certificate

Officer, to execute the certificate dated 16th December, 2021.

4. The petitioner says that the petitioner had joined services of the

respondent no.4, sometime in the year 1970 and was

superannuated on 31st July, 2010. The petitioner says that the

respondent no.4 had only disbursed a portion of the gratuity

payable to the petitioner. In such circumstances, the petitioner

was compelled to apply in Form 'I' praying for release of the

balance amount of gratuity. Despite such application, since the

respondent no.4 did not disburse the balance gratuity amount,

the petitioner was constrained to file an application in Form 'N'

before the Controlling Authority, constituted under the Payment

of Gratuity Act, 1972 (hereinafter referred to as the "said Act").

5. On contested hearing, the Controlling Authority was, inter alia,

pleased to adjudicate the quantum of gratuity payable to the

petitioner and by a notice in Form 'R' dated 3rd March, 2021

called upon the respondent no.4, to make payment of the

differential amount of gratuity payable to the petitioner. Since

despite receipt of the aforesaid notice, the respondent no.4 did not

make payment, the petitioner was compelled to apply before the

Controlling Authority under Section 8 of the said Act, for issuance

of a certificate. At the instance of the petitioner, the Controlling

Authority was, inter alia, pleased to issue the certificate dated 16th

December, 2021 and the same was remitted to the office of the

respondent no.3 for execution where the same has been filed. The

petitioner says that the respondent no.3 despite taking steps for

execution of the said certificate did not ultimately execute the

same. By drawing attention of this Court to a memo dated 18th

November, 2022 issued by the respondent no.3, which is at page

8 of the supplementary affidavit, it is submitted that the

respondent no.3 has, in fact, called upon the Controlling

Authority to modify the certificate issued under Section 8 of the

said Act and provide appropriate clarification. The petitioner says

that the Certificate Officer is not competent to question the said

certificate, especially, when the same has been issued by the

Controlling Authority under Section 8 of the said Act. It is still

further submitted that the order passed by the Controlling

Authority has attained finality and the same cannot be questioned

by the Certificate Officer. He prays for a direction upon the

respondent no.3 to forth with execute the certificate.

6. I have heard Mr. Guha Thakurta, learned advocate representing

the petitioner and considered the materials on record. I find that

the certificate under Section 8 of the said Act has been issued and

the same has already been remitted to the respondent no.3.

7. I am of the view since the aforesaid certificate has been filed in

the Office of the respondent no.3, that the respondent no.3, is

required to dispose of the certificate case, by considering the

objection, if any, raised by Certificate debtor in accordance with

law. The respondent no.3 ought not to have sought for further

clarification from the Controlling Authority, for the purpose of

executing the certificate. To the aforesaid extent, the steps taken

by the Certificate Officer are without jurisdiction.

8. In my view, the aforesaid writ application can be disposed of by

directing the Certificate Officer to take steps for disposing of the

certificate case in accordance with law after hearing the objection,

if any, raised by the certificate debtor.

9. Since the petitioner has been superannuated in the year 2010, it

is only expected that the Certificate Officer shall proceed and

dispose of the aforesaid certificate case within a period of six

months from the date of communication of this order, without

granting any unnecessary adjournments to either of the parties.

10. With the above observations, the writ application, being WPA

19874 of 2022 is disposed of.

11. There shall, however, be no order as to costs.

12. Urgent photostat certified copy of this order, if applied for, be

given to the parties upon compliance of necessary formalities.

(Raja Basu Chowdhury, J.) sb