Calcutta High Court (Appellete Side)
Union Of India & Ors vs Sri R. N. Sarkar & Anr on 9 January, 2012
Author: Nishita Mhatre
Bench: Nishita Mhatre
87. January 9,
2012 High Court at Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.C.T. 224 of 2011
Union of India & ors.
Versus
Sri R. N. Sarkar & anr.
Mr. Bidyut Kumar Roy,
Ms. Aparna Ghosh,
...for the petitioners.
Mr. Tapabrata Chakraborty,
Mr. Kumaresh Dalal,
...for the respondent no. 1.
Mr. Tapabrata Chakraborty, learned advocate, appears and submits that his junior, Mr. Kumaresh Dalal, learned advocate, has already entered appearance on behalf of the respondent no. 1 by filing his vakalatnama today under filing no. A-476.
The employee concerned was attached to the construction department of Eastern Railway, Howrah Division. Sometime in the year 1983- 84, allegedly, he failed to notify non-receipt of a wagon. No action was taken against him. Subsequently, however, he got promotion and was superannuated from service on November 30, 2007. When the question of payment of gratuity comes, the authorities deducted Rs. 2,96,000/- (Rupees two lakh ninety six thousand) only from the gratuity amount payable to him.
The employee approached the tribunal for relief and, in our view, the tribunal, by judgment and order dated January 19, 2011, rightly, directed the authorities to release the balance gratuity amount in favour of the employee concerned with interest from March 2008 till the date of actual payment.
We do not think that the tribunal, in directing the authorities to release the balance gratuity amount in favour of the employee committed any jurisdictional error requiring interference of this court.
The writ application, thus, stands dismissed without any order as to costs.
Xerox certified copy of this order, if applied for, will be made available to the applicant within a week from the date of putting in the requisites.
( Subhro Kamal Mukherjee, J. ) ( Nishita Mhatre, J. ) dns