Calcutta High CourtWPA/31830/2008dismissed for default

M/S. New Terai Association Ltd. & ANR v. State Of West Bengal & ORS

2025-01-20Hon'Ble Justice Shampa Dutt (Paul)2 pages

20.01.2025 Item No.7 Ct. No. 30 Aloke WPA 31830 of 2008 M/s. New Terai Association Ltd. & Anr.

Vs State of West Bengal & Ors.

None appears on behalf of either sides on repeated calls.

The present writ petition of the year 2008 has been preferred to revoke the findings of the respondent no. 2 dated 20th October, 2008. Vide the letter dated 20th October, 2008, it appears that the controlling authority under Payment of Gratuity Act, 1972 vide the said order held as follows :

"And whereas the application was heard in the presence of the representative of your Tea Estae on 13.10.2008 and after the hearing I have come to the finding that the s aid Sri H.C. Kansal is entitled to a payment of Rs.4,87,285=00 (Rupees Four Lakhs Eighty Seven Thousand Two Hundred & Eighty Five) only as Gratuity under the payment of Gratuity Act, 1972 (Act 39 of 1972);

Now, therefore, I hereby direct to pay the said sum of Rs.4,87,285=00 (Rupees Four Lakh Eighty Seven Thousand Two Hundred Eighty Five) only to Sri H.C. Kansal, within thirty days of receipt of this notice with an intimation thereof to me.

Given under my hand and seal, this day of 20th day of October, 2008.

Controlling authority under payment of Gratuity Act, 1972 Memo No. JLC/SLG Dated. 20.10.2008 Copy to Sri H.C. Kansal, Shanti Housing Complex, 2nd Mile, Sevoke Road, (Jyoti Nagar), Siliguri.

Controlling authority under Payment of Gratuity Act, 1972"

The company being aggrieved with the said order has preferred the present writ application.

None appears on behalf of either sides.

This Court finds no reason to interfere with the said findings of the controlling authority dated 20th October, 2008.

WPA 31830 of 2008 is accordingly disposed of. There will be no order as to costs.

All connected applications, if any, stand disposed of.

Interim order, if any, stands vacated.

Let a copy of this order be sent to the office of the Additional Labour Commissioner, Siliguri and the controlling authority under the Payments and Gratuity Act, 1972 for immediate compliance.

(Shampa Dutt (Paul), J.)