Thenalil Abraham Thomas v. The Deputy Commissioner

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/63/2022 Thenalil Abraham Thomas ... Petitioner Vs.

The Deputy Commissioner ... Respondent Mr. K. Sabir ... for the petitioner Mr. Salim Mohammed ... for the respondent April 25, 2022 [GNC] Item No.5 The petitioner was appointed as Staff Assistant in the office of the Andaman and Nicobar Administration under the Andaman Adim Janjati Vikas Samiti on January 1, 1978. He retired on superannuation on May 31, 2007. The petitioner put in 29 years of continuous service under the Samity. The gratuity amount had not been released. The petitioner approached the Controlling Authority for a direction upon the employer to release the gratuity. The employer submitted before the Controlling Authority that the Payment of Gratuity Act, 1972 was not applicable in case of Trusts and Societies and as such the Samity was not bound to pay the gratuity amount to the petitioner. Accordingly, the Controlling Authority by an order dated November 19, 2007 held that the Society was liable to pay the gratuity amount to the petitioner and the gratuity was assessed at Rs.1,81,947/-. The Controlling Authority held

that the petitioner was entitled to interest @ 10% with effect from the date of his eligibility till the date of actual payment. The Samity did not release the payment. A certificate contemplated under section 8 of the Payment of Gratuity Act was also issued by the Collector for recovery of the amount together with compound interest. However such amount was not released although the petitioner had approached the Collector to take steps on the basis of such certificate.

The petitioner moved this Hon'ble Court by filing WP No.42 of 2013. The money was deposited in the registry. This Court disposed of the said writ petition on July 11, 2013 and held that the Collector must take steps for recovery of the gratuity with interest in terms of the order passed by the Controlling Authority and release the same in favour of the petitioner. The court directed the learned Registrar of this Court to release the sum of Rs.1,81,947/- which had been deposited in the Registry of this Court along with the accrued interest, if any. The court also granted liberty to the petitioner to approach the Collector for recovery of the balance amount. The court noted that a sum of Rs.1,81,947/- which had been deposited with the learned Registrar of this Court must be released along with the interest, if any, in the event the amount had been invested in a fixed deposit. Accordingly, the petitioner submits that the amount of Rs.1,81,947/- along with the accrued interest had been received by the petitioner.

Now the petitioner prays for payment of the balance amount of gratuairy. The petitioner approached the Deputy Commissioner, South Andaman district on July 19, 2021 with the prayer for payment of the balance amount. Under such circumstances, without going into the merits of the quantum of the claim, the writ petition is disposed of with a direction upon the Deputy Commissioner, South Andaman to dispose of the representation of the petitioner dated July 19, 2021 in the light of the discussion made by this court and also in the light of the order passed in WP No.42 of 2013 on July 11, 2013 with regard to the petitioner's claim for the balance gratuity amount. Such decision shall be taken within a period of two months from the date of communication of this order upon hearing the petitioner and also the employer of the petitioner, in accordance with law. A reasoned order shall be passed and communicated to the petitioner.

This court has not gone into the claims of the petitioner and the concerned authority shall decide the same in accordance with law.

The entire exercise shall be completed within a period of two months from the date of communication of this order.

The writ petition stands disposed of.

The parties are directed to act on the server copy of this order.

(Shampa Sarkar, J.)