Kedar Nath Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7478 of 2022 ====================================================== Kedar Nath Sinha, Son of Late Vinda Prasad Verma, Village- Kolhuara Post - Narga, P.S.- Kalyanpur, District - Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary Labour Resources Department, Govt. of Bihar, Patna.

2.

The Chief Labour Commissioner, Bihar, Patna.

3.

The Deputy Labour Commissioner, Darbhanga Division, Darbhanga. 4.

The Divisional Commissioner, Darbhanga Division, Darbhanga. 5.

The District Magistrate, Samastipur.

6.

The Certificate Officer, Samastipur.

7.

M/s Winsome International Limited, 16-A, Barabourne Road, Kolkata (having its mill M/s Rameshwar Jute Mills, Muktapur, Dist. - Samastipur) through its Chairman.

8.

Sri Prakash Chandra Chourasia Chairman-cum-Managing Director M/s winsome International Limited, Having Head Office at 16-A Barabourne Road, 5th Floor, Kolkata, West Bengal.

9.

Sri Ashish Bhiwaniwala M/s winsome International Limited, Having Head office at 16-A, Barabourne Road, 5th Floor, Kolkata. 10.

Sri Binod Nath Jha, S/o Late Baidyanath Jha Vice Chairman M/s Rameshwar Jute Mills, Muktapur, Dist. - Samastipur. 11.

Sri Sanjeev Kumar Jain S/o Sri Nand Lal Jain M/s Rameshwar Jute Mills, Muktapur, Dist. - Samastipur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Praveen, Adv.

For the Respondent/s :

Mr.Smt. Anuradha Singh ( Sc 21 ) Mr. Rakesh Prabhat, AC to SC 21 For the Resp. No. 7 Mr. Prashant Bhushan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 14-05-2024 Heard the learned counsels for the parties.

2. The present writ petition has been filed for the following relief(s):- "A) For the issuance of appropriate writ/writs,

Patna High Court CWJC No.7478 of 2022(12) dt.14-05-2024 2/3 order/orders, direction/directions to the Respondent authorities to immediately make payment of the gratuity amount of petitioner along with interest as per the order and direction dated 23.05.2018 passed by the learned Deputy Labour Commissioner, Darbhanga Division, Darbhanga on the application filed by petitioner under FORM-N before him on 22.12.2017 for payment of Gratuity.

B) For issuance of direction to the respondent concerned to make payment of gratuity with compound interest as directed by the learned Deputy Commissioner in his order dated 08.10.2018 till the date of actual final payment to the petitioner.

C) For direction to the respondent concern to make payment of litigation cost along with compensation for Mental, Physical and Economical harassment by the respondent without any fault on the part of petitioner D) For any other relief/reliefs to which the petitioner is found entitled under the facts and circumstances of the present case."

3. Learned counsel appearing on behalf of the petitioner has stated that the grievance of the petitioner will be redressed if the Respondent No. 7 is directed to pay the amount as per FORM-N (Annexure 2) along with the interest.

4. Learned counsel appearing on behalf of the Respondent No.7 has stated that the total amount payable by the Respondent No. 7 along with the interest is Rs.2,40,838/-, out of which, the Respondent No. 7 has already paid Rs. 1,24,606/- and the balance amount payable is Rs.1,16,232/-. That the

Patna High Court CWJC No.7478 of 2022(12) dt.14-05-2024 3/3 Respondent No. 7 is ready to pay the said amount within a period of one week from today to the credit of the petitioner's account bearing A/C 20924459535, IFSC Code IDIB000R521, Branch Code:- 064051, Indian Bank, Extn. Basant Market, Samastipur.

5. Learned counsel appearing on behalf of the petitioner has not rebutted the above figure stated by the counsel for the Respondent No. 7.

6. Having regard to the same, the present writ petition is disposed of directing the Respondent No. 7 to deposit the balance amount of Rs.1,16,232/- within a period of one week from today to the credit of the petitioner's account bearing A/C 20924459535, IFSC Code IDIB000R521, Branch Code:- 064051, Indian Bank, Extn. Basant Market, Samastipur.

7. With the above said directions, the writ petition stand disposed of.

(A. Abhishek Reddy , J) Bhardwaj/- U