M/S Supreme Knowledge Foundation Group Of Institutions v. State Of West Bengal And ORS.

24.09.2025 Ct. No. 30 S.L. No. 11 SM WPA 22325 of 2024 M/s. Supreme Knowledge Foundation Group of Institutions

Versus

State of West Bengal & Ors.

Mrs. Amrita Panja Moulick Mrs. Tithi Paul ......for the State respondents Mr. Uddipan Banerjee Mr. Subhrakanti Samanta ......for the respondent no. 4 1.

Affidavit-of-service filed be kept with the record.

2.

The writ application has been preferred against an order passed on 29.07.2025 in certificate case no. 03/2024 and an order passed on 08.08.2023 in gratuity case no. 25/G/2022.

3.

It is the case of the petitioner that this Court vide order dated 16.06.2025 in WPA 11716 of 2025 had directed the Certificate Officer to dispose of the review petition under Section 54 of the BPDR Act which was pending.

4.

It appears from the order under challenge dated 29.07.2025 that the Certificate Officer in compliance of this Court's order has disposed of the said application in accordance with law, by passing a reasoned order and has proceeded with the certificate proceedings in accordance with law. 5.

The relevant finding of the Certificate Officer is as follows.

"In conformity of the Hon'ble High Court's order on 16.06.2025 In W.P.A. No. 11716 of 2025 it is mentioned that the institutulon has applied one appeal under section 9 before the Certificate Officer, Chandannagar which is herein dismissed as because once certificate for recovery of gratuity amount has issued by the Controlling Authority under the payment of Gratuity Act, 1972, then any appeal against the certificate amount, should be submit before the Appellate Authority under the payment of Gratuity Act, 1972. Also mentioned that the certificate debtor has applied review petition u/s 54 of the B.P.D.R. Act, 1913 against the order of the Certificate Officer, Chandannagar passed on 23.08.2024 which is also dismissed as because no mistakes or errors have found in the order of the Certificate Officer, Chandannagar passed on 23.08.2024. As per u/s 54 of the B.P.D.R. Act, 1913, it allows for review by the Officer who made the original order or their successor, after notice to all interest parties, due to mistakes or errors in the certificate or proceedings."

6.

On the said findings this Court finds that there being no irregularity in the order of the Certificate Officer, the said order requires no interference by this Court and the writ petition having no merit stands dismissed.

7.

Writ application stands dismissed.

8.

Applications, if any, connected thereto stand disposed of consequently.

9.

Interim order, if any, stands vacated.

10.

Photostat certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.

[Shampa Dutt (Paul). J]