A.P. Fashions (P) Limited v. The State of West Bengal & Ors

the result of the writ petition.

#10. The appellant reached the age of 58 and would have normally superannuated from service sometime in May 2024. The workman not having rendered any service to the appellant/employer from December 2024, the Tribunal ought not to have directed payment of full back wages.

#11. In terms of the law settled by the Supreme Court this Court is of the view that since the appellant employer has not reinstated the respondent/employee 4 pursuant to the award of the Tribunal he must be deemed to have been in service till the date of his superannuation sometime in May 2024. The appellant shall, therefore, pay the respondent No.2, Susanta Kumar Sarkar the full provident fund including both the employer and the employee contribution, full gratuity considering the appellant’s service from 2010 till May 2024.

#12. In so far as the back wages are concerned since the appellant did not receive any service from 2014 onwards for a period of 10 years until May 2024, he shall be paid by the appellant only 40% of back wages that shall include all increments including leave encashment until May 2024.

#13. The aforesaid sums shall be paid by the appellant to the workman Respondent No. 2 calculated minus the sums available as deposited by the appellant with the Registrar General of this Court under Section 17B of the Industrial Disputes Act, 1947 together with accrued interest.

#14. The Registrar General shall, upon notice to the appellant and the respondent, within 10 days of receipt of the order, credit to the account of the workman Respondent No.2, Susanta Kuamr Sarkar, by way of bank transfer, upon the learned Advocate- on-Record for the said respondent No.2 furnishing full bank particulars of his client, within a period of 10 days from the date of receipt of a copy of this order. 5 The Registrar General shall pay the respondent workman, the full amount deposited by the appellant together with accrued interest till date of payment.

#15. The sums directed to be paid hereinabove, by the appellant employer to the workman, shall be paid after deducting the sums paid by the Registrar General to the respondent No.2 within a period of one month from the date of payment by the Registrar General to the respondent No.2 as directed hereinabove.

#16. With the aforesaid directions, the impugned judgment dated 7th November, 2025 shall stand modified to the extent indicated hereinabove.

#17. MAT 2114 of 2025 is allowed and disposed of.

#18. Consequently, connected pending applications, if any, shall stand disposed of.

#19. There shall be no order as to costs.

#20. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.) (Rai Chattopadhyay, J.)