Parbati Das v. State Of West Bengal & ORS

19.04.2024 Item No.4 Ct. No.238 S.A.

WPA 2013 of 2016 Parbati Das -vsThe State of West Bengal & Ors.

Mr. Bikash Show Mr. Sk. S. N. Islam ...for the petitioner Ms. Bipasha Jaiswal ...for the respondent no.4 Let the affidavit-in-opposition filed on behalf of respondent no.4 be kept on record.

The petitioner is the widow of a retired employee of Murlidhar Ratanlal Exports Limited, Hooghly., respondent no.4 She obtained an order dated October 9, 2014 from the Controlling Authority, Hooghly under the Payment of Gratuity Act, 1972 directing respondent no.4 to pay gratuity in terms of Section 7(3)(4) of the said Act of 1972 to the tune of Rs.97,811/- along with statutory interest @ 10% per annum with effect from August 7, 2009.

Learned advocate appearing for the petitioner submits that no appeal was preferred against the said order passed by the Controlling Authority and consequently a certificate dated May 5, 2015 was issued by the said Controlling Authority.

Thereafter, Certificate Case No.55/2015 was initiated by the Certificate Officer, Hooghly for

execution. It is the grievance of the petitioner that till date the said certificate case has not been disposed of. Learned advocate appearing for the petitioner submits that only due to the pendency of this writ petition, the Certificate Officer did not proceed with the case. He prays for a direction upon the Certificate Officer for expeditious disposal of the case. Learned advocate appearing for the respondent no.4 submits that a sum of Rs.41,460/-/- had already been paid to the petitioner towards gratuity amount. Such contention has been denied by the learned advocate appearing for the petitioner. It is the case of the petitioner that in reality no cheque was ever issued to the petitioner. Only a receipt was obtained from the petitioner without any payment made by the cheque. No money has ever been paid to the petitioner towards the gratuity amount.

I am of the view that since the order passed by the Controlling Authority has not been appealed against, respondent no.4 cannot decline to make payment in terms of the order of the Controlling Authority.

Accordingly, WPA 2013 of 2016 is disposed of with a direction upon the Certificate Officer, Hooghly to conclude the proceedings being Certificate Case No.55/2015 as early as possible preferably within a

period of six months from the date of communication of this order.

(Kausik Chanda, J.)