Murlidhar Ratanlal Exports Limited v. State Of West Bengal And ORS.

24.09.2025 Ct. No. 30 S.L. No. 14 SM WPA 22762 of 2025 Murlidhar Ratanlal Exports Limited

Versus

The State of West Bengal & Ors.

Ms. Amrita Pandey Ms. Sneha Singh Mr. Supratim Ghosh ......for the petitioner Mr. Tapan Kumar Dey Ms. Shayani Das .......for the State 1.

The writ application has been preferred challenging the order dated 11th January, 2018 passed by the Controlling Authority in Gratuity Case No. 162/G/2016 and impugned orders dated 24th June, 2025 passed by the respondent no. 4 in certificate case 60 of 2019.

2.

It is the case of the petitioner that the petitioner has preferred a review before the Controlling Authority on 2nd May, 2019.

3.

It is further submitted that the said review application has not been disposed of till date and without disposing of the review application in accordance with law, the Controlling Authority has proceeded to issue a certificate.

4.

It is further submitted that the petitioner, finding no other option, has preferred an appeal before the appellate authority on 18.09.2025. 5.

It is submitted by the learned counsel for the petitioner that considering that the petitioner was

waiting for the review application to be disposed of, the petitioner did not prefer an appeal and as such finding no other option the petitioner has now preferred an appeal at this belated stage.

6.

The petitioner submits that an order may be passed directing the appellate authority to dispose of the appeal in accordance with law within a time frame.

7.

Considering the fact that the petitioner has admittedly preferred an appeal before the appellate authority on 18.09.2025, the point of limitation has been considered by this Court, on holding that the delay was due to the pending of the review application and as such the appellate authority is not required to consider the same.

8.

Accordingly, the appellate authority shall dispose of the appeal in accordance with law by passing a reasoned order within 60 days from the date of this order.

9.

Writ application stands disposed of.

10.

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

11.

Interim order, if any, stands vacated.

12.

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]