Subal Chandra Das v. The Durgapur Projects Limited And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 11 08.04.2025 PA Ct. no.2 WPA 7522 OF 2025 ------------- Subal Chandra Das Vs.

The Durgapur Projects Limited & Ors.

Mr. Siddhartha Sarkar ....For the Petitioner Mr. Sujit Sankar Koley ....For the respondents Affidavit-of-service, filed in Court today, is taken on record.

Mr. Siddhartha Sarkar, learned Advocate appears for the petitioner.

Mr. Sujit Sankar Koley, learned Counsel appears 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 January 31, 2024. The petitioner on his retirement was entitled to payment of gratuity of Rs.13,32,000/- together with interest and principal amount of leave salary for 292.5 days. This figure is not in dispute. The petitioner has not been paid the aforementioned gratuity amount and principal amount of leave salary for 292.5 days till now. The petitioner, therefor, is entitled to principal amount of

gratuity, i.e., Rs.13,32,000/- as per the provisions of Section 7(3A) of the Payment of Gratuity Act, 1972 (hereinafter referred to as the 1972 Act) together with interest and principal amount of leave salary for 292.5 days computed on the basis of the petitioner's last drawn pay and interest on the same rate on leave salary 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.

As such, this writ petition 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 principal amount of gratuity of Rs.13,32,000/- together with interest @ 6% per annum and leave salary for 292.5 days computed on the basis of petitioner's last drawn pay together with interest @ 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 will be attracted on the entire amount from 1st February, 2024 till repayment.

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 7522 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.)