Calcutta High CourtWPA/4853/2022disposed

Bachcha Singh @ Bacha Singh @ Bachha Singh v. State Of West Bengal And ORS.

2022-03-22Hon'Ble Justice Moushumi Bhattacharya2 pages

March 22, 2022 ARDR (242) WPA 4853 of 2022 Bachcha Singh @ Bacha Singh @ Bachha Singh Vs.

The State of West Bengal & Ors.

Ms. Senjuti Sengupta, Mr. R. Guha Thakurata ...for the petitioner.

Mr. Ayan Banerjee, Ms. Debasree Dhamali, ...for the State.

Affidavit of service filed by the petitioner is taken on record. None appears for the private respondent despite service.

The petitioner complains of non-payment of gratuity. The petitioner was employed with the private respondent since 25th July, 1979 and superannuated on 10th July, 2017. Several requests for payment of gratuity made by the petitioner to the employer were not heeded to for which the petitioner filed an application in form I before the private respondent on 8th May, 2018 which was not considered.

Subsequently, the petitioner filed an application before the Controlling Authority in form N on 8th June, 2018 which was registered as Gratuity Case no. G-108/18. The Gratuity Case is yet to be disposed of. The petitioner prays for a direction upon the 2nd respondent to dispose of the Gratuity Case at the earliest.

Upon consideration of the submissions made by the parties, the writ petition is disposed of directing the 2nd respondent to consider and dispose of the Gratuity case being G-108/18 pending before the authority within three months from the date of communication of this order after giving reasonable opportunity of hearing to all the concerned parties including the petitioner and the private respondent, in accordance with law. The decision taken by the authority shall be communicated to the petitioner with a week thereof.

With the aforesaid directions, WPA 4853 of 2022 is disposed of. There shall however, be no order as to costs.

Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Suvra Ghosh, J.)