Nabijan Hajam v. State Of West Bengal And ORS.

24.12.2021 rc/ct.no.10 Item No.222 WPA No. 19362 of 2021 Nabijan Hajam Vs.

State of West Bengal & Ors.

Mr. Uddipan Banerjee ...for the Petitioner Mr. Susovan Sengupta Mr. Bipin Ghosh ...for the respondent no.2 Learned counsel appearing on behalf of the petitioner contends that the petitioner served the company being the respondent no. 3 herein for 36 years and superannuated on January 25, 2002. No gratuity was paid to the employee by the respondent no. 3 for which the employee submitted an application in Form No. N on June 04, 2019 before the respondent no. 2 claiming gratuity along with interest thereon. The said application is yet to be disposed of. The petitioner prays for a direction upon the Controlling Authority to consider the said application at the earliest.

Having considered the submissions made by the learned counsels appearing on behalf of the parties and the material on record, I dispose of the writ petition with a direction upon the respondent no. 2, being the Controlling Authority to consider and dispose of the application filed by the employee dated June 04, 2019 within a period of three months from the date of communication of this

order, after giving reasonable opportunity of hearing to all the stake holders including the petitioner and the employer, in accordance with law.

With the above observations and directions this writ petition being WPA No. 19362 of 2021 is disposed of. There shall be, however, no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh,J)