Gopal Dey v. The State Of West Bengal And ORS.

20.05.2025 Item No. 09 Ct. No. 30 WPA 10690 of 2025 AN Sri Gopal Dey vs.

State of West Bengal & ors.

Mr. Bikash Shaw Mr. Sk. Saad Islam ... for the petitioner Ms. Amrita Pandey Ms. Sneha Singh ... for private respondent Mr. Saibal Kr. Acharyya ... for the State Mr. Dipanjan Datta Ms. Sukanya Datta ... for Bank of Baroda Affidavit of service filed be kept with the record. The present writ application has been preferred praying for expeditious disposal of the Certificate Case No. 07 of 2023 arising out of Gratuity Case No. 90/G/2016, now pending before the Certificate Officer, Chandernagore, Hooghly.

It is submitted by the learned counsel appearing for the petitioner that the Controlling Authority in the present case decided the issue on 29.03.2018. As the respondents did not comply with the direction, a certificate proceeding was initiated and the Certificate Officer, Chandernagore, Hooghly last heard the matter on 02.08.2024.

Learned counsel appearing for the respondent submits that an appeal was preferred against the order of

the Controlling Authority but the appeal was dismissed on the ground of limitation and a review application has been filed on 28.10.2024 which is pending before the appellate authority.

On hearing learned counsel for the parties and considering the said facts as stated, the writ application is disposed of with a direction that the appellate authority being the Deputy Labour Commissioner, Chandernagore, Hooghly, shall dispose of the review application within 30 days from the date of communication of this order. In case, the review application is allowed, the appellate authority shall decide the appeal on merits and in accordance with law within 60 days thereafter. In case, the review application is rejected, the Certificate Officer, Chandernagore, Hooghly is directed to proceed to conclude the certificate proceedings in accordance with law within 60 days thereafter.

There will be no order as to costs.

Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities. (Shampa Dutt (Paul), J.)