Ullash Ghosh vs The Durgapur Projects Limited And ...
2023 Latest Caselaw 6578 Cal

27.09.2023
Item No.81
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                        WPA/19382/2023
                        ULLASH GHOSH
                              VS
             THE DURGAPUR PROJECTS LIMITED AND ORS.

                 Mr. Ayan Banerjee,
                 Mr. Suman Banerjee
                             ..for the Petitioner.

                 Mr. Sujit Sankar Koley
                              ..for DPL.


                    Written instructions filed in Court today be

             retained with the records.

                    Mr. Koley, learned counsel appearing on

             behalf of Durgapur Projects Limited (in short, "DPL")

             submits that a sum of Rs.20,00,000/- is payable to

             the petitioner on account of gratuity as per the office

             order dated May 31, 2022.      The petitioner is also

             entitled to earned leave of 300 days.

                    The petitioner retired from service with effect

             from December 31, 2019.       The petitioner's retiral

             dues were neither quantified after his retirement nor

             was there any communication on the part of the DPL

             why such quantification was not made till the filing

             of the writ petition.

                    Mr. Banerjee, learned counsel appearing on

             behalf of the writ petitioner submits that the

             petitioner is entitled to get interest from January 1,

             2020 (the date subsequent to the date of retirement)
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till the date of actual disbursal of the retiral dues of

the petitioner.

        The amount of gratuity and the number of

days of earned leave due and payable to the

petitioner is not in dispute.

        The issue of payment of interest on the retial

dues of an employee has been squarely settled by

various Judgments passed by Co-ordinate Benches

of this Hon'ble Court.

        Relying on the judgments on the same issue

and considering the facts of the case it is directed

that the writ petitioner is entitled to get interest on

the delayed payment of gratuity dues from January

1, 2020 till the date of actual disbursal.

        The writ petitioner is also entitled to earned

leave of 300 days and interest thereon @ 6% per

annum from January 1, 2020 till the day on which

the actual payment is made.

        The respondent authority/DPL is directed to

pay the aforesaid payment within six months from

date. In the event, the said amount is not disbursed

within the stipulated period, the rate of interest will

stand enhanced to 10% per annum being the

statutory rate under the Payment of Gratuity Act,

1972.

With the directions aforesaid, WPA 19382 of

2023 is disposed of.

Since no affidavits have been called for in the

writ petition, the allegations contained therein be

deemed not to have been admitted by the

respondents.

Needless to mention, in case the petitioner has

occupied the quarter granted by the employer the

occupation charges for the said quarter will be

deducted from the retiral benefits that the retired

employee/the petitioner is entitled to as per the

extant rules and policies of the employer/DPL.

All parties shall act on the server copy of this

order duly downloaded from the official website of

this Court.

Urgent Photostat certified copies of the order,

if applied for, be applied to the parties upon

compliance of all necessary formalities.

(LAPITA BANERJI, J.)