Sunil Kumar Paul @ Pal v. State Of West Bengal And ORS.

05.03.2024 IN THE HIGH COURT AT CALCUTTA Sl. No.31 CONSTITUTIONAL WRIT JURISDICTION (PP) APPELLATE SIDE WPA 4337 of 2024 Sri Sunil Kumar Paul @ Pal Vs.

The State of West Bengal & Ors.

Mr. Bikash Shaw ....for the petitioner.

Mr. Ranjit Rajak ...for the State.

The petitioner is seeking a direction upon the concerned authority to dispose of the Certificate Case No.62/G/2017 now pending before the Certificate Officer, Chandernagore, Hooghly for release of the petitioner's gratuity amount. The petitioner says that the Competent Authority has adjudicated the petitioner's case and have directed the employer and its officers to pay the amount so adjudicated. Despite such direction, no payment has been received by the petitioner. The petitioner, therefor, had put the order into execution pursuant to which the certificate case was initiated, but the same is continuing for several years without there being any prospect of early disposal.

The State is represented.

The employer remains unrepresented despite service.

It is not expected from an employer who has not paid the adjudicated amount to appear and have orders passed in its presence as its non-appearance is likely to delay the matter further.

The matter is, therefor, taken up in the absence of the employer. The Certificate Officer, Chandernagore is directed to dispose of the Certificate Case No.62/G/2017 as expeditiously as possible without granting any unnecessary adjournment to any of the parties and preferably within four months from the date of communication of a server copy of this order without insisting upon production of a certified copy thereof.

Nothing further remains to be adjudicated in this writ petition. The same is disposed of accordingly without any order as to costs.

Since no affidavits have been called for, allegations made in the writ petition are deemed not to have been admitted.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Arindam Mukherjee, J.)