Calcutta High Court (Appellete Side)
W. P. No. 7234 (W) Of 2016 Ansar Ali Midde @ ... vs The State Of West Bengal & Ors on 27 April, 2016
Author: Dipankar Datta
Bench: Dipankar Datta
1
57 to 62 27.4.16
Sc
W. P. No. 7234 (W) OF 2016 Ansar Ali Midde @ Anser Ali Midde
-vs.-
The State of West Bengal & Ors.
With
W. P. No. 7238 (W) OF 2016 Kashi Nath Ray @ Kashinath Roy
-vs.-
The State of West Bengal & Ors.
With
W. P. No. 7240 (W) OF 2016 Rampada Bachhar
-vs.-
The State of West Bengal & Ors.
With
W. P. No. 7241 (W) OF 2016 Rampat Pasi @ Rampath Pasi
-vs.-
The State of West Bengal & Ors.
With
W. P. No. 7242 (W) OF 2016 Brindaban Mandal @ Brindaban
Mondal
-vs.-
The State of West Bengal & Ors.
With
W. P. No. 7244 (W) OF 2016 Bharat Chandra Naskar
@ Bharat Naskar
-vs.-
The State of West Bengal & Ors.
------------
Mr. Rananeesh Guha Thakurta Ms. S. Das Chowdhury.
....For the Petitioners in all the writ petitions.
Mr. Narayan Bhattacharyya Mr. Mirza Kamruddin.
....For the State in W.P.7238 (W) of 2016.
Mr. Tapas Kumar Adhikari ....For the State in W.P.7240 (W) of 2016 & W.P.7242 (W) of 2016 & W.P.7244(W) of 2016 & Mr. Subhendu Roy Choudhury ....For the State in W.P.7241(W) of 2016.
Issues of fact and law involved in these writ petitions are common and hence the same are dealt with by this common judgment and order.
Each of the six petitioners have been held entitled to gratuity by the controlling authority under the Payment of Gratuity Act, to be paid by the employer, respondent no.3 (M/s. Delta Limited).
2Since the amounts of gratuity due and payable to the petitioners have not been released by the respondent no.3, certificate proceedings have been initiated. A direction is prayed for on the respondent no.2 (Certificate Officer, Howrah, New Collectorate Building, Howrah) in all the writ petitions to dispose of the certificate proceedings in accordance with law at an early date.
Having heard learned advocates for the parties, I find the prayers of the petitioners to be fair and reasonable.
The respondent no.2 shall proceed to dispose of the certificate proceedings as early as possible but not later than eight weeks from date of receipt of a copy of this order strictly in accordance with law.
The writ petitions stand disposed of. There shall be no order for costs.
Photostat copies of this order duly countersigned by the Assistant Court Officer, shall be retained with the records of all the writ petition except W.P. No.7234 (W) of 2016.
Photostat certified copy of this order, if applied for, be furnished expeditiously.
(Dipankar Datta, J.)