Calcutta High CourtWPA/23113/2024disposed

Puspa Pandit v. The State Of West Bengal And ORS.

2025-02-10Hon'Ble Justice Shampa Dutt (Paul)3 pages

10.02.2025 Item No. 10 BR WPA 23113 of 2024 Puspa Pandit -vs- The State of West Bengal and Ors.

Mr. Sk.Saad Nafisul Islam .... For the petitioner Affidavit of service filed by the petitioner be kept with the record.

In spite of service there is no representation on behalf of the respondents.

On hearing the learned counsel for the petitioner and considering the materials on record, it appears that vide an order dated 13.8.2015 the Controlling Authority has directed payment of gratuity to the sum of Rs. 70,875/- along with interest. In spite of being informed by a letter sent by the Controlling Authority the respondent company did not pay the said amount of gratuity as directed. Accordingly, a certificate proceeding was initiated and the Certificate Officer, North 24-Parganas at

Barasat issued a order to the defaulter company on 17.2.2016. The matter is pending till date.

It is submitted that till date nothing has been done by the Certificate Officer who subsequently issued a short show cause notice on 2.2.2021. The petitioner is still waiting for the gratuity which has been granted to him under a social beneficial legislation and is thus being severely prejudiced.

Considering the said facts, the writ petition is disposed of with the direction that the Certificate Officer shall dispose of certificate proceedings in accordance with law within a period of 30 days from the date of this order and take all necessary steps to ensure that gratuity is paid to the petitioner as entitled.

Accordingly, WPA 23113 of 2024 is disposed of.

Learned counsel for the petitioner is at liberty to communicate the server copy of this order to the Certificate Officer.

Let a copy of this order be sent to the Certificate Officer , North 24-Parganas at Barasat, District Magistrate, Barasat and the Labour Commissioner, Government of West Bengal.

Urgent Photostat certified copy of this order, if applied for, be given to the learned

counsel for the parties on usual undertakings.

( Shampa Dutt (Paul), J. )