Raghu Nath Naskar Nad ORS. v. Mr. Jayanta Hajra, Director, Delta Ltd. And ANR.

14.06.2024 Item No.3 Court No.5 Saswata CPAN 1452 of 2023 in W.P.A. 8950 of 2023 Raghunath Naskar & Ors.

Versus

Jayanta Hajra & Anr.

Mr. Tauhid Khan ...For the petitioner Ms. Amrita Pandey Ms. Sneha Singh ...For the alleged contemnors Mr. Bipin Ghosh ...For the State

1. Today, at the time of hearing it is submitted by Ms. Pandey, learned advocate appearing for the alleged contemnors that although the alleged contemnors were all along interested to comply with the direction passed by this Court on 10th May, 2023 and had already made payment of the principal amount and simple interest on the amount of gratuity determined in accordance with the order dated 9th April, 2019 passed by the Controlling Authority, and that to the aforesaid extent the certificate issued on 2nd March, 2021 stands executed, however, insofar as the payment of compound interest is concerned, since the certificate officer is yet to determine the same the aforesaid amount has not been paid.

2. The aforesaid fact is not disputed by Mr. Ghosh, learned advocate appearing for the Controlling Authority as also on behalf of the District Magistrate & District Collector, Alipore.

3. Ms. Pandey further submits that in terms of the order dated 10th May, 2023 the directors of the respondent no.4 have furnished an undertaking before the learned Registrar General of this Court. The alleged contemnors have all good intention to comply with the order dated 10th May, 2023, and shall pay the compound interest as and when the same is determined.

4. From the submissions made by the advocates for the parties and the materials on record it appears that the order dated 10th May, 2023 has been partly complied to the extent of payment of principal amount of gratuity and simple interest. The undertaking as directed has also been filed.

5. Having regard to the aforesaid, nothing survives in the contempt application and the same is accordingly disposed of.

6. All parties shall act on the basis of service copy of this order duly downloaded from this Court's official website. (Raja Basu Chowdhury, J.)