Calcutta High Court (Appellete Side)
Smt. Mayarani Pal And Others vs The Calcutta State Transport ... on 9 June, 2014
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1
Serial No. 42
June 9, 2014.
sd
W.P. No.15128 (W) of 2014
Smt. Mayarani Pal and others
-versus-
The Calcutta State Transport Corporation and others.
Mr. Bhabani Prasad Mondal
... for the petitioners.
Mr. Samim Ullah
... for the State.
Mr. Niladri Bhattacharjee
.....for the respondent nos. 1- 4, 7.
The petitioners are the heirs of an erstwhile employee of the Calcutta State Transport Corporation and claim that the interest due on account of the delayed payment of gratuity, leave salary and some other pecuniary benefits due to the employee remain outstanding.
The respondent company is represented and it is submitted that it does not have the requisite funds to pay its erstwhile employees and depends entirely on the State Government for release of funds.
2WP No. 15128(W) of 2014 is disposed of by directing the Managing Director of the respondent company to consider the propriety of the petitioners' claim on account of interest for delayed payment of gratuity and the leave salary. If there was any delay beyond a period of one month from the date of the petitioners' retirement in the payment of the gratuity due to the petitioners, the petitioners will be entitled to interest at the statutory rate of 10% per annum. If there was any delay in payment of the leave salary to the petitioners beyond a month after the petitioners' retirement, the petitioners will be entitled to interest at the rate of 6% per annum thereon for the period of delay.
After looking into the petitioners' claim on the basis as indicated above, if the Managing Director finds that any amount is due to the petitioners, the Managing Director should request the State Government through the Finance Secretary to release appropriate funds to the respondent company such that the interest due to the petitioners on both counts is paid off within a period of six months from date. In the event the petitioners are found entitled to any money but the payment is not made within the period of six months, the petitioners will be entitled to further interest at the rate of 4% per annum for the delayed period. 3
There will be no order as to costs.
Certified website copies of this order, if applied for, be urgently made available to the parties, subject to compliance with all requisite formalities.
(Sanjib Banerjee, J.)