Calcutta High Court
Dilip Sankar Das & Ors vs The State Of West Bengal & Ors on 21 June, 2013
Author: Dipankar Datta
Bench: Dipankar Datta
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
WP No. 517 of 2013
DILIP SANKAR DAS & ORS.
Versus
THE STATE OF WEST BENGAL & ORS.
BEFORE:
The Hon'ble JUSTICE DIPANKAR DATTA
Date : 21st June, 2013.
For Petitioners : Mr. A. K. Maiti with Mr. S. M. Obaidullah, Advocates
For Respondent Nos. 1 & 2 : Mrs. Chaitali Bhattacharyay with
Mr. S. T. Mitra, Advocates For CTC : Mr. Pantu Deb Roy with Mr. S. Ruj and Mr. S. Guha Biswas, Advocates The Court : Having heard Mr. Maiti, learned Advocate for the petitioners and Mr. Deb Roy, learned Advocate for the respondent-company and its officers, I am of the view that no useful purpose would be served in keeping the writ petition pending, having regard to the nature of grievance raised therein.
The petitioners seek an order on the respondents to pay interest that has accrued on certain sums paid to them belatedly. It does not appear from the writ petition that the petitioners have given any break up of their entitlements. Since the writ petition is at the instance of 21 petitioners, the amount to which they are entitled is bound to vary.
2
Accordingly, I grant liberty to the petitioners to submit a composite representation giving therein the details of their entitlement, as per their own estimation, within a fortnight from date. Upon receipt of such representation, the Managing Director of the company shall look into the same and record a finding in regard to the entitlements of the petitioners based on the available records. The petitioners shall be informed of their respective entitlements. This exercise shall be completed as early as possible, but not later than three months from the date of receipt of the representation in terms of this order. If the present financial position of the company is sound and it is in a position to clear the dues of the petitioners, follow up steps shall be taken without any delay. However, if the company is in financial distress, it shall request the State Government to allocate the funds for meeting the dues of the petitioners. The Secretary, Finance Department, Govt. of West Bengal shall leave no stone unturned to allocate the funds to the company towards disbursement of the petitioners' dues on account of interest as early as possible.
The writ petition is disposed of.
Urgent xerox certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(DIPANKAR DATTA, J.) sm AR[CR]