Gobinda Das v. The State Of West Bengal And ORS.

21.03.2025 Item No.6 Ct. No. 30 Aloke WPA 6187 of 2025 Gobinda Das C & C R Vs.

The State of West Bengal & Ors.

Mr. Bikash Shaw ... for the petitioner Mr. Avirup Mondal Ms. Moumita Karmakar ... for the State Affidavit-of-service filed be kept with the record.

The present writ application has been preferred praying for direction upon the respondents to disposed of the certificate proceeding.

It appears from the materials on record that the Controlling Authority passed an order on 15.09.2004. The Controlling Authority informed the Additional District Magistrate (Dev.), Howrah vide letter dated 09.04.2012 to initiate proceeding for recovery of the said gratuity amount.

It appears that till date no action has been taken by neither by the District Magistrate, Howrah nor the Certificate Officer.

From the materials on record it appears that the company had challenged the order of the Controlling Authority before the High Court in WP No. 1444 (W) of 2007 which was dismissed on 19th April, 2011.

In view of the said facts, the District Magistrate, Howrah, is directed to personally look into the present case and ensure that the certificate case is disposed of in accordance with law on hearing the parties by passing a reasoned order within 30 days from the date of communication of this order. WPA 6187 of 2025 is accordingly disposed of.

There will be no order as to costs.

All connected applications, if any, stand disposed of.

Interim order, if any, stands vacated.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Shampa Dutt (Paul), J.)