No. 30 S.L No. 10 SM WPA 29485 of 2024 Sushil Sardar v. State of West Bengal & Ors.

Mr. Sudipta Dasgupta Mr. Anath Nath Naskar Mr. Baibhav Roy Ms. Amrita Pandey …..for the petitioner ……for the respondent no. 6 Mr. Jaydeep Banerjee Mr. Vijay Agarwal ….for the State The present writ application has been preferred praying for direction upon the respondent no. 6 to pay the due amount of gratuity and the interest thereupon to the tune of Rs. 2, 51, 676/- (Two lakh fifty one thousand six hundred seventy six) along with compound interest calculated from 24th October, 2024. It is further prayed that the respondent authorities be directed to take steps towards the compliance of the order dated 28th June, 2024 passed by respondent no. 3 in terms of Section 8 of the Payment of Gratuity Act, 1972 and also in furtherance of the Form ‘T’ dated 24th September, 2024. On hearing the learned counsels for the parties and considering the materials on record it appears that 2 vide a notice dated 01.07.2024 the Controlling Authority directed as follows. “And whereas the application was heard in your presence/absence on different dates and after the hearing I have come to the finding that the said Sri Susil Sardar is entitled to a payment of Rs. 2,51,676/- (Two Lakh Fifty one thousand six hundred seventy six) only as gratuity under the payment of Gratuity Act 1972 (Act 39 of 1972). Now, therefore, I hereby direct you to pay the sum of Rs. 2,51,676/- (Two Lakh Fifty one thousand six hundred seventy six) to Sri Susil Sardar with in thirty days of the receipt of this notice with an intimation thereof to me. Given under my hand and seal, this the 28th of June,

2024.” No appeal has been preferred against the said notice for payment of gratuity issued by the Controlling Authority. An application for recovery of gratuity made by the petitioner on 24.09.2024 before the Controlling Authority is pending till date. Considering the said fact, the Controlling Authority is directed to proceed in respect of payment of gratuity within 15 days from the date of this order and complete the total exercise leading to the payment of gratuity within 30 days thereafter. 3 Let a copy of this order be sent to the Controlling Authority, Government of West Bengal, the Labour Commissioner, Government of West Bengal and the Secretary, Labour Department, Government of West Bengal. Photostat certified copy of this order, if applied for, being given to the parties on priority basis upon compliance of all formalities. [Shampa Dutt (Paul). J]