Calcutta High Court (Appellete Side)
The Managing Director vs Munshi Abdur Rouf & Ors on 27 March, 2012
27.03.2012 MAT 112 of 2012
with
Court No. 1
Item No. 73 CAN 1361 of 2012
snandy
The Managing Director, CTC Ltd. & Ors.
Vs.
Munshi Abdur Rouf & Ors.
Mr. Pontu Deb Roy, Advocate
Mr. Subhayu Banerjee, Advocate
.....For the Appellant
Mr. Biswanath Roy Chowdhury, Advocate
Mr. Sourav Chowdhury, Advocate
Mr. Tapas Chandra Dey, Advocate
.....For the Respondent/Opposite Parties
This is an application for stay of the operation of the order dated 2nd December, 2011 passed by the learned single Judge in W.P. No. 20118 (W) of 2011. By the order impugned, the learned single Judge has inter alia restrained the appellants herein from making any payment towards honorarium, salaries and other perquisites of those persons those who are in at the helm of affairs and active management of the respondent 3/company according to the needs of the situation until and unless the gratuity and other settlement dues were paid to the petitioners in accordance with law on the basis of the calculation of the respondent 3/company.
The appellants who are three senior officials of the respondent 3/company felt aggrieved by the order and decided to assail the same in the present appeal.
We have heard Mr. Deb Roy, learned Advocate appearing for the appellant and Mr. Roy Chowdhury, learned Advocate for the writ-petitioner- respondent.
At the hearing of the application, with the consent of the parties we have decided to dispose of the main appeal itself by treating the same as on day's list.
Mr. Deb Roy submits that the petitioners have already been receiving his pension and the company is not in a position to release the full amount of gratuity and other retiral benefits for the severe financial crunch. Mr. Deb Roy's further submission is that since the company has disputed their entitlement to the amount of the full gratuity, the full amount may not be released until their right is determined by an appropriate Court. Mr. Deb Roy, however, submits that the petitioners, in any case, are entitled to gratuity although the exact amount shall be determined later.
In such view of the matter, we dispose of the matter by directing the appropriate authority to release 50% of the gratuity amount to the petitioners on the basis of the calculation on which pension is being paid to the petitioners at present. Upon such payment being made to the petitioners, the restrain order passed by the learned single Judge shall stand vacated qua the petitioners.
Mr. Roy Chowdhury, learned Advocate for the writ-petitioner/respondent has made some grievances that his clients are not getting their pension for the last three months.
Mr. Deb Roy, learned Advocate for the appellant submits that pension could not be released because of paucity of fund and the arrears shall be positively be made by 31st May, 2012.
Needless to say that the appropriate authority shall regularly go on paying the monthly pension at the same rate month by month.
With this the appeal is disposed of. With the disposal of this appeal the connected application has become infructuous and the same is also disposed of.
There shall however, be no order as to cost.
Urgent photostat certified copy of this order be given to the parties, if applied for, upon compliance of all formalities.
(J. N. Patel, Chief Justice) (Dr. Sambuddha Chakraborti, J)