Ashok Sah @ Ashok Shaw v. State Of West Bengal And ORS.
17.12.2025 Item No. 23 Crt.No.10 b.r. WPA 24482 of 2025 Ashok Sah @ Ashok Shaw -vsThe State of West Bengal & Ors.
Mr. Rananesh Guha Thakurata .... For the petitioner.
Mr. Santanu Kumar Mitra, Sr. Govt. Adv.
Mr. Samrat Paul .... For the State.
Parties are represented through their respective learned counsels.
The petitioner in the instant writ petition prays for an early disposal of the certificate proceedings pending before the Certificate Officer to recover the amount from the company.
The petitioner has already been superannuated from the service on 10.01.2017. Since the respondent company did not pay the gratuity amount the petitioner approached the Controlling Authority under payment of gratuity Act, 1972 (hereafter referred to as the Act).
On 04.04.2024, the Controlling Authority passed an order directing, inter alia, the respondent company to pay the gratuity amount to the petitioner along with interest. Since the respondent did not act in terms of the order of the Controlling Authority, a show cause
notice was also issued. Thereafter a certificate was accordingly issued by the Certificate Officer, the same is still pending for disposal.
It is submitted that till date no steps have been taken by the certificate officer to recover the amount as directed by the controlling authority vide order dated on 04.4.2024.
The respondent no.3 being the Certificate Officer is directed to recover the amount from the respondent no.4/Calcutta Jute Manufacturing Co. Ltd. and complete the entire certificate proceedings as expeditiously as possible in accordance with law peremptorily within two months from the date of communication of this order and dispose of all connected applications, if any, within the time frame. Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.
With the above observations and directions, this writ petition, WPA 24482 of 2025 stands disposed of, without any order as to costs.
Photostat certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.
(Smita Das De, J.)