Calcutta High Court (Appellete Side)
Krishna Prosad Chatterjee vs The Durgapur Projects Limited & Ors on 11 March, 2020
Author: Soumen Sen
Bench: Soumen Sen
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148
11.03.2020
Ct. No. 16
Kole
MAT 108 of 2020
With
CAN 1249 of 2020
With
CAN 1250 of 2020
Krishna Prosad Chatterjee
-Vs.-
The Durgapur Projects Limited & Ors.
Mr. A. Banerjee,
Mr. S. Chaudhury
... for the appellant.
Mr. S. S. Koley,
Mr. T. Deb
... for the Durgapur Projects Limited.
In Re: CAN 1249 of 2020
There is a delay of 14 days in preferring the appeal.
We have perused the application for condonation of delay. We are satisfied with
the explanation offered for not being able to file the memorandum of appeal within the
period of limitation.
On such considerations, the delay of 14 days in filing the memorandum of appeal is
condoned.
CAN 1249 of 2020 is allowed.
In Re: MAT 108 of 2020
With
CAN 1250 of 2020.
This is an appeal arising out of an order dated 15th November, 2019 in which the
Learned Single Judge taking into consideration the submissions made on behalf of the
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Employer has reduced the interest on account of gratuity from 15 per cent to 5 per cent.
The learned Single Judge has also granted interest at the rate of 5 per cent on the leave
salary.
We modify the interim order to the extent that the appellant shall be entitled to
interest on the gratuity at the rate of 7 per cent per annum from the date of accrual till the
date of actual payment.
In so far as leave salary is concerned in the event the entire leave salary shall be
paid within six weeks from date it will not attract any interest. The salary has already
been paid and accordingly no interest shall be paid on the said amount.
The impugned order is modified to the aforesaid extent.
Although we are aware of the fact that the appellant is entitled to interest at the rate
of 15 per cent per annum towards the gratuity but having regard to the fact that the
respondent is in a precarious financial condition and different Benches of this Court had
passed orders granting interest at the rate of 7 per cent per annum having regard to the financial conditions of the respondent, we also direct the payment of interest at the rate of 7 per cent per annum on the amount payable towards gratuity.
The appeal and the application are disposed of without, however, any order as to costs.
Urgent certified photocopy of this order, if applied for, be supplied to the parties upon compliance of necessary formalities.
(Soumen Sen, J.) (Saugata Bhattacharyya, J.)