Mr. P.K. Pal vs Mr. D. Sharma
2021 Latest Caselaw 1223 Tri

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                        HIGH COURT OF TRIPURA
                              AGARTALA
                               WP(C) No.538/2021

For Petitioner(s)                 : Mr. P.K. Pal, Advocate,
                                    Mr. S. Baidya, Advocate.
For Respondent(s)                 : Mr. D. Sharma, Addl. G.A.,

Mr. Biswanath Majumder, CGC.

HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY

Order

08/12/2021

Heard in part.

Pursuant to issue of notice in the present matter, a counter

affidavit has come to be filed by the respondents No.2 and 3 and at running

page-51 annexure-R/2 to the counter affidavit extract of the minutes of the

100th Board of Directors Meeting dated 29th June, 2021 has been

reproduced:

"The Board of Directors (BOD), OBC resolves that as there is no policy/guideline for providing retirement benefit (including leave salary, gratuity etc.) under Tripura OBC Co- OP. Dev. Corporation Ltd. (TOBCCDCL) in the 100th meeting of TOBCCDCL held on 29th June 2021."

Learned counsel for the writ petitioner has filed a rejoinder.

Counsel for the writ petitioner submitted that the statement recorded at the

100th Board Meeting dated 29.06.2021 that there is no policy/guideline for

providing retirement benefit including leave salary, gratuity etc. is a factual

error and in support of his submission he drew the attention of the Court to

Annexure-8 to the rejoinder affidavit which is stated to be the minutes of the

83rd meeting of the Board of Directors dated 04.01.2016 and drew the

attention of the Court to the creation of employees post service benefit fund

under Miscellaneous item No.1 to the said meeting. Drawing attention of the

Court to the above, the learned counsel for the petitioner submitted that this

creation of the employees post service benefit fund was a policy decision by

the respondent-corporation. Consequently, they cannot deny the existence of

such a policy.

The rejoinder affidavit also contains a copy of a judgment

delivered by a Division Bench of the Tripura High Court in the case of Sri

Dipak Debnath vrs. The State of Tripura and others in WP(C) No.578 of

2015 wherein a Division Bench of this Court vide judgment dated

06.04.2016 had allowed the said writ petition and directed the Scheduled

Tribes Co-operative Development Corporation Ltd. to pay the petitioner the

entitled gratuity with upper gratuity limit of `10,00,000 (rupees ten lakhs)

(as applicable then) along with interest @9% per annum from the date of his

retirement.

Learned counsel for the respondents No.2 and 3 seeks a short

adjournment to obtain instructions in the matter.

Accordingly, list this matter on 15.12.2021 as part-heard.

(INDRAJIT MAHANTY), CJ

Pulak