Bhrigunath Thakur v. State Of West Bengal And ORS.

07.02.2025 Ct. No. 30 S.L No. 12 SM WPA 2621 of 2025 Bhrigunath Thakur Vs The State of West Bengal & Ors.

Mr. R. Guha Thakurta Ms. S. Sengupta ......for the petitioner Mr. K. J. Yusuf, ld. AGP Mr. Parikshit Goswami ......for the State Affidavit-of-service filed be kept with the record. Learned counsel for the State is present.

On hearing the learned counsel for the petitioner it appears that the present writ application has been preferred praying for execution of the certificate dated 13th May, 2024 issued by the Controlling Authority under the Payment of Gratuity Act, 1972, Kolkata, within a specified time frame. It is submitted that in spite of the Controlling Authority issuing a letter on 13.05.2024 to the Certificate Officer, no certificate proceedings has been initiated till date, for which the petitioner is being prejudiced.

It appears that the Controlling Authority issued the certificate on 13.05.2024 and also informed the Certificate Officer about the same. Till date no gratuity has been paid as directed.

As such the Certificate Officer is directed to initiate the proceedings with immediate effect i.e., positively within 7 days from the date of this order and complete the said hearing within 30 days thereafter on hearing the parties and in accordance with law.

Learned counsel for the State shall inform the concerned Certificate Officer accordingly with a server copy.

Liberty is granted to the petitioner also to communicate a server copy of this order.

Let a copy of this order be sent to the Controlling Authority, Kolkata, the Certificate Officer, Kolkata, the District Magistrate, South 24 Parganas and the Labour Commissioner, Government of West Bengal.

Writ petition stands disposed of.

Applications, if any, connected thereto stand disposed of consequently.

Interim order, if any, stands vacated.

Let a copy of this order be sent to the Trial Court at once.

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]