Biswanath Moshan v. Durgapur Projects Limited And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 02 16.06.2025 PA Ct. no.2 WPA 4520 OF 2025 ------------- Biswanath Moshan Vs.

The Durgapur Projects Limited & Ors.

Mr. Amit Kr. Ghosh, Adv.

....For the Petitioner Mr. Sujit Sankar Koley, Adv.

....For the Respondents Affidavit-of-service, filed in Court today, is taken on record.

Mr. Amit Kr. Ghosh, learned Advocate appears for the petitioner. On the prayer of the learned Counsel for the petitioner, leave is granted to file the supplementary affidavit affirmed by the petitioner to bring subsequent development on record to the effect that the principal amount on account of gratuity and leave salary has already been paid. Supplementary affidavit filed in court today is taken on record.

Mr. Sujit Sankar Koley learned Counsel appear for the respondents.

The petitioner was an employee in Durgapur Projects Limited (in short DPL), the respondent no. 1. The petitioner retired from service on April 31, 2024. The petitioner has been paid the gratuity amount and leave salary to the tune of Rs.24,97,382/- on

August 23, 2024. The petitioner, therefore, is entitled to interest for the delayed payment of principal amount of gratuity as per the provisions of Section 7(3A) of the Payment of Gratuity Act, 1972 (hereinafter referred to as the 1972 Act) and the interest for the delayed payment of leave salary computed on the basis of the petitioner's last drawn pay since the same is part of the retiral benefits.

The issues involved in the instant writ petition are squarely covered by a recent judgment and order of this Court In the matter of : Kajal Pal -Vs.- The Durgapur Projects Ltd. & Ors. passed in WPA 11485 of 2021 on August 9, 2021. The consensus between the parties as was in case of Kajal Pal (supra) is also there in the instant case. As DPL, the employer has assured time bound payment, the rate of interest allowed is less than the present rate under the 1972 Act.

This writ petition as such, is disposed of on the similar lines as in Kajal Pal (supra), which are as follows:- The respondent no. 1 is directed to pay the interest on the principal amount of gratuity and leave salary of Rs.24,97,382/- @ 6% per annum within a period of six months from the date of communication of a server copy of this order without insisting upon production of a certified copy thereof and, in default, statutory rate of interest @10% per annum as in case of gratuity and

leave salary will be attracted on the entire amount from May 01, 2024 till August 23, 2024.

Nothing further remains to be adjudicated in this writ petition.

Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.

Accordingly, WPA 4520 of 2025 stands disposed of.

Parties shall act on the website copy of this order duly downloaded from the official website of this Hon'ble Court.

(Aniruddha Roy, J.)