Soumendu Das v. The Durgpaur Projects Limited And ORS

16.08.2022 Ct. No.23 pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 18044 of 2022 Soumendu Das Vs.

The Durgapur Projects Limited & Ors.

Mr. Tathagata Deb ... For the petitioner Mr. Sujit Sankar Koley ... 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 30th September, 2021. The petitioner on his retirement was entitled to payment of gratuity of Rs.5,94,163/-. This figure is not in dispute. The petitioner was paid this amount on 13th July, 2022 towards gratuity. The date of payment is also not in dispute. The petitioner says that there has been a delay of about 9 months in making payment of the said sum of Rs.5,94,163/- on account of gratuity. The petitioner further says that he has not been paid the amount due on account of leave salary. The petitioner, therefor, says that he is entitled to interest for delayed payment of gratuity as per the provisions of Section 7(3A) of the Payment of Gratuity Act, 1972 (hereinafter referred to as the "said Act").

It also appears from a memo dated 22nd February, 2022 issued by DPL (appearing at page 13 of the writ

petition) that the petitioner is entitled to payment of salary equivalent to 300 days Earned Leave lying in his credit on the date of retirement. DPL is liable to pay the said payment of salary equivalent to 300 days Earned Leave to the petitioner as such sum has not yet been paid with interest from the date of retirement till actual payment since there is no dispute in this regard.

The issues involved in the instant writ petition are squarely covered by a recent judgment and order of this Court dated 9th August, 2021 passed in WPA 11485 of 2021 (Kajal Pal v. The Durgapur Projects Ltd. & Ors.). The consensus between the parties as was in case of Kajal Pal (supra) is also there in the instant case.

This writ petition, as such, is disposed of on the similar lines as in Kajal Pal (supra), which are as follows:- The respondent no.1 is directed to pay interest to the writ petitioner at the rate of 6 per cent per annum on Rs.5,94,163/- being the amount on account of gratuity calculated on and from 1st October, 2021 till 13th July, 2022, a sum equivalent to salary for 300 days towards encashment of earned leave calculated on the basis of his last drawn salary with interest @ 6 per cent per annum from 1st October, 2021 till actual payment, within a period of six months from the date of communication of a photostat certified copy of this order and in default statutory rate of 10 per cent as in case of gratuity will be

attracted on the entire amount from 1st October, 2021 till 13th July, 2022.

Nothing further remains to be adjudicated in this writ petition.

Since I have not called for any affidavits, allegations made in the writ petition are deemed to have not been admitted by the respondents.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Arindam Mukherjee, J.)