Calcutta High Court (Appellete Side)
Bijan Kumar Bhattacharyya vs The State Of West Bengal & Ors on 22 May, 2024
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
22.05.2024.
Court No. 13
Item No. 9
pk W.P.A. No. 13683 of 2024
Bijan Kumar Bhattacharyya
Versus
The State of West Bengal & Ors.
Mr. Piush Chaturvedi,
Mr. Anujit Mookherji,
Mr. Prithish Chandra
...For the petitioner.
Mr. H. S. Chakraborty,
Ms. Susnita Saha.
...For the State.
Mr. A. Das,
Mr. Akansha Yadav,
Ms. S. R. Sultan
...For the respondent 4.
Mr. S. S. Banerjee, Mr. S. Datta, Mr. Abhijit Sarkar, Mr. Abhik Chitta Kundu ... For the WBFC.
1. The petitioner seeks release of enhanced amount of gratuity from his former employer, WBFC. Admittedly, the employees of WBFC have a separate gratuity fund which is maintained with the LICI. Gratuity is, however, payable in terms of the Payment of Gratuity Act, 1972.
2. The Central Government under a notification issued under the Payment of Gratuity Act, 1972 has enhanced the maximum ceiling of gratuity from Rs.10 lacs to 20 lacs in respect of its employees. The State Government by memorandum dated 14th September, 2023 applied the revision in the amount of gratuity to 2 certain State Government undertaking statutory bodies and corporations.
3. Pursuant a reply under the RTI Act, the employer has informed the writ petitioner that they have received sum of Rs.17,87,545/- on account of gratuity from the LICI in favour of the writ petitioner. A sum of Rs.10 lacs has been released to him. The balance amount of Rs.7,87,545/- has been invested in an interest bearing account with a commercial bank.
4. The aforesaid indicates in no uncertain terms and has also been confirmed by the WBFC that the LICI has released for disbursal, the enhanced gratuity amounts in respect of the employees of the WBFC. The WBFC is holding the differential amounts without any just or reasonable cause.
5. In an earlier round of litigation being W.P.A 5560 of 2021 the instant writ petitioner along with six others had prayed for similar reliefs as in the instant case. The said writ petition was dismissed by a Single Bench of this Court on the ground that there was no challenge to the refusal by the State to permit the WBFC to release the amounts.
6. One of such writ petitioner, Manabendra Mondal carried the order of the Single Bench dated 24.08.2022 before a Division Bench of this Court in MAT 2097 of 2022. Before the Division Bench counsel for the State had unequivocally submitted on instructions that the 3 State's concurrence was not necessary for the purpose of disbursement of the enhanced rate of gratuity by the WBFC. The enhanced gratuity was directed to be released to the said appellant. WBFC was complied with the same.
7. Before this Court today counsel for the WBFC submits that a clarification has been sought from the State vide communications dated 30.11.2023 [before the order of Division Bench (supra)] and on 27.02.2024 from the as regards release of enhanced gratuity amount to its retired employees. The State is stated to have sought for certain further documents.
8. The enhanced amount of gratuity is admittedly not going out of the pocket of either the State or the WBFC. As to why the State and the WBFC have felt the need to seek any further concurrence after the order of the Division Bench dated 31.01.2024 (Supra) is baffling remains unexplained.
9. Delayed payment of gratuity amount attracts interest as already stipulated under Section 7(3A) of the Payment of Gratuity Act. The WBFC as well as the State are put on notice of additional interest than the over and above rate which was the enhanced gratuity has been deposited with the commercial bank in a fixed deposit account. The likelihood of costs are also notified 4
10. The Deputy Secretary, Finance Department of the State and the WBFC shall file reports before this Court giving particulars and details of deposits made, inter alia, in respect of the writ petitioner and other claimants on the adjourned date. The report shall also indicate as to why the WBFC and the State felt the need to ask for or give any further concurrence for payment of gratuity.
11. Pendency of the writ petition shall not prevent the respondents from releasing enhanced gratuity in favour of the writ petitioner and other claimants.
12. List this matter on 12th June, 2024 along with WPA 13763 of 2024, WPA 13760 of 2024, WPA 13701 of 2024, WPA 13758 of 2024 and WPA 13686 of 2024.
13. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.
(Rajasekhar Mantha, J.)