[Cites 3, Cited by 0]
Patna High Court
Winsome International Limited A ... vs The State Of Bihar on 15 December, 2025
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11542 of 2023
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Md. Irfan, S/o Late Md. Usman, R/o village Chaknur, Ward no.- 8, PO-
Rahmatpur, PS + District- Samastipur, Bihar-848101.
... ... Petitioner/s
Versus
1. The State of Bihar represented through the Labour Commissioner, Bihar,
Patna.
2. The Deputy Labour Commissioner, Darbhanga Division, Darbhanga.
3. The District Magistrate, Samastipur.
4. The District Certificate Officer, Samastipur.
5. The Divisional Commissioner, Darbhanga Division, Darbhanga.
6. M/s Winsome International Limited, 16-A, Brabourne Road, Kolkata (Mill
at- M/s Rameshwar Jute Mills, Muktapur, District- Samastipur) represented
through its director, namely Shri Prakash Charoria.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 11193 of 2023
======================================================
Winsome International Limited a company incorporated under Indian
Companies Act, 1956 having its registered office at 5 th Floor, 16A Brabourne
Road, Kolkata 700001, proprietor of M/s Rameshwara Jute Mills, Muktapur,
P.O. Navrang, Samastipur, District Samastipur, Bihar through its Authorized
Representative namely Kumar Rajesh, aged about 53 years, on the Late
Suresh Chandra Prasad, R/o Resident of C/o Suresh Chandra Prasad,
Sripalpur, Punpun, Patna - 804453 (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar, through Principal Secretary, Labour Resources
Department, Government of Bihar.
2. The Deputy Labour Commissioner-cum-Controlling Authority of Payment
of Gratuity Act 1972, Darbhanga Division, Darbhanga.
3. The District Magistrate, Samastipur, Bihar.
4. The Additional Collector-cum-Senior Certificate Officer, Samastipur, Bihar.
5. Md. Irfan, S/o Late Md. Usman, R/o - Village - Chaknur and P.O.-
Rahmatpur, P.S. - Samastipur, District - Samastipur (Bihar).
... ... Respondent/s
Patna High Court CWJC No.11542 of 2023 dt.15-12-2025
2/6
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 11542 of 2023)
For the Petitioner/s : Mr.Manoj Kumar, Advocate
For the State : Mr.Anil Kr. Singh (GP-26)
Mr. Gautam Kumar Yadav, AC to GP-26
(In Civil Writ Jurisdiction Case No. 11193 of 2023)
For the Petitioner/s : Mr. Prashant Bhushan, Advocate
For the Respondent/s : Mr.Raghwendra Kumar (SC-22)
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL JUDGMENT
Date : 15-12-2025
Both the writ petitions raise common question of fact
and law and, accordingly, both are being heard together.
2. Mr. Prashant Bhushan, learned counsel appearing in
CWJC No. 11193 of 2023 for the petitioner/Company submits
that today itself he has given 'No Objection' in this case.
However, if the cases are being heard for disposal, he may be
given opportunity to place the case on behalf of the Company.
3. Considering the fact that the present cases involve
payment of gratuity to the workman, accordingly, the same are
being disposed after hearing learned counsel for the parties and
Mr. Prashant Bhushan, learned counsel appearing for the
petitioner/Company in CWJC No. 11193 of 2023.
4. The petitioner in CWJC No. 11542 of 2023 has
filed the present writ application for payment of gratuity amount
with interest in the light of the order dated 23.03.2022 passed by
the Deputy Labour Commissioner, Darbhanga Division,
Patna High Court CWJC No.11542 of 2023 dt.15-12-2025
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Darbhanga. Learned counsel for the petitioner submits that
petitioner was appointed as Pipe and Pump Man on 01.08.1977
by the erstwhile Mill Management, namely, Rameshwar Jute
Mills, Muktapur, Samastipur. The petitioner/Company in CWJC
No. 11193 of 2023, namely, Winsome International Limited,
Kolkata took over the assets and liabilities of the erstwhile
Company M/s Rameshwar Jute Mills, Muktapur, Samastipur
with effect from 2012. The petitioner worked without break till
01.01.2015
i.e. for about 38 years and thereafter superannuated
from service. After superannuation, the petitioner was not given
payment towards gratuity.
5. Accordingly, he filed a case bearing No. 7 of 2021
before the Deputy Labour Commissioner-cum-Controlling
Officer, Darbhanga Division, Darbhanga for payment of
gratuity. The Controlling Authority after hearing both the parties
passed the final order in favour of the petitioner directing the
employer i.e. the Company to pay a sum of Rs. 1,50,639/- along
with interest from the date of superannuation i.e. 01.01.2015
amounting to Rs. 2,59,216/-. The aforesaid amount was to be
paid within a period of 30 days, failing which the order says that
a compound interest at the rate of 15 per cent would be charged.
When the payment was not made to the petitioner, he
Patna High Court CWJC No.11542 of 2023 dt.15-12-2025
approached the Controlling Authority seeking enforcement of
the order and based upon the prayer of the petitioner, the
Controlling Authority issued certificate by order dated
06.05.2022 (Annexure-P/3) for a sum of Rs. 4,19,812/- and
directed the Company/employer to pay the quantified amount.
6. Learned counsel for the petitioner in CWJC No.
11542 of 2023 submits that the petitioner would be satisfied if a
sum of Rs. 2,59,216/-, which has already been deposited before
the Controlling Authority pursuant to order passed by this Court
in CWJC No. 11193 of 2023 is paid to the petitioner.
7. Mr. Prashant Bhushan, learned counsel for the
petitioner/Company in CWJC No. 11193 of 2023/Respondent
No. 6 in CWJC No. 11542 of 2023 submits that Controlling
Authority has no power to impose compound interest on the
amount of gratuity arrived at by the Controlling Authority while
determining the liability of gratuity upon the Company under
Section 7(3) of the Payment of Gratuity Act, 1972 (hereinafter
referred to as 'the Act'). The compound interest by way of
penalty can only be imposed by the Collector under Section 8 of
the Act. He next submits that while sending the file to the
Collector vide letter dated 06.05.2022 (Annexure-P/3), the
Controlling Authority has himself exercised the power of
Patna High Court CWJC No.11542 of 2023 dt.15-12-2025
Collector and imposed the penalty after calculating compound
interest, the total amount being Rs. 4,19,812/-, in complete
violation of the provision of Section 8 of the Act. Proceeding for
recovery of the said amount of Rs. 4,19,812/- is pending before
the Collector. Learned counsel for the Company submits that the
Company has already deposited the sum of Rs. 2,59,216/-
awarded by the Controlling Authority. The Company has no
objection if the aforesaid amount of Rs. 2,59,216/- is paid to the
petitioner by the Controlling Authority.
8. Considering the submissions advanced by the
parties and the fact that the petitioner is ready and willing to
accept the sum of Rs. 2,59,216/- as gratuity plus interest and the
Company has no objection if the said amount, deposited on
04.09.2023 by the Company in the account of the Controlling
Authority, is paid to the petitioner, both the writ petitions are
being disposed in following terms.
9. The requisition sent by the Controlling Authority
before the Certificate Officer, Samastipur (Annexure-P/3) shall
remain in abeyance and no further action shall be taken pursuant
thereto. The Controlling Authority i.e. Respondent No. 2 is
directed to pay a sum of Rs. 2,59,216/- to the petitioner by
RTGS or Demand Draft within a period of four weeks from
Patna High Court CWJC No.11542 of 2023 dt.15-12-2025
today.
10. With the aforesaid direction, both the writ
applications stand disposed.
(Anil Kumar Sinha, J)
P.K.P./-
AFR/NAFR
CAV DATE
Uploading Date 17.12.2025
Transmission Date
