Calcutta High Court (Appellete Side)
Madanlal vs U.P. State Handloom on 24 July, 2014
Author: Tapabrata Chakraborty
Bench: Tapabrata Chakraborty
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24.07.2014
S.L.-77KB).
W.P. 7358 (W) of 2009
Madanlal
Versus
U.P. State Handloom
Corporation Limited & Ors.
Mr. Falguni Bandyopadhyay... For the petitioner
Mr. L. N. Sharma ... For the respondents.
The petitioner was appointed as a salesman under U.P. State Handloom Corporation Limited (hereinafter referred to as the said Corporation). Upon rendering satisfactory service, the petitioner retired on 31st January, 2004.
The grievance of the petitioner is that he has not been paid arrear salary for thirteen months, gratuity and leave encashment dues.
Aggrieved by such inaction on the part of the respondents, the petitioner made repeated representations, but the same was not attended to. As such the petitioner has approached this Court, inter alia, praying for 2 disbursement of the dues along with interest @ 18 % per annum.
The writ application was admitted with direction towards exchange of affidavits and pursuant thereto an affidavit-in-opposition has been filed by the respondent nos. 1 to 5.
A perusal of the averments made in the said affidavit-in-opposition reveals that the respondents are now willing to pay the dues of the petitioner and that the same could not be released earlier since the said Corporation was facing financial problems.
Mr. Sharma, learned advocate appears for the respondents and submits that the respondents are now ready and willing to pay the amount of Rs.3,66,142.85 as claimed by the petitioner towards arrear salary, gratuity and the leave encashment dues.
In such circumstances, I direct the respondents, particularly the respondent no.3 to disburse the said amount of Rs.3,66,142.85 along with interest @6% per annum on and from the date of filing of the instant writ application till the date of actual disbursement of the said amount, within a period of four weeks from the date of communication of this order.
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The writ application, is accordingly, disposed of. There shall, however, be no order as to costs. Urgent Photostat certified copy of this order, if applied for, be handed over to the parties on compliance of necessary formalities.
(Tapabrata Chakraborty, J.)