Tripura High Court
Sri Ashim Kumar Bhattacharjee vs The State Of Tripura (To Be Represented ... on 25 June, 2018
Author: Ajay Rastogi
Bench: Ajay Rastogi
Page 1 of 6
HIGH COURT OF TRIPURA
AGARTALA
WP(C) No.673/2017
Sri Ashim Kumar Bhattacharjee, S/O. Lt. Anil Chandra
Bhattacharjee, Resident of Ramthakur Road, Jaharimura, Gour
Bari Lane, P.O.-Agartala College, District-West Tripura.
----Petitioner(s)
Versus
1. The State of Tripura (To be represented by the Secretary,
Department of Industries and Commerce, Government of Tripura),
New Secretariat Building, New Capital Complex, Kunjaban,
Agartala, West Tripura, PIN 799010.
2. The Tripura Khadi and Village Industries Board, (A Govt. of
Tripura Undertaking), To be represented by the Chairman, The
Tripura Khadi and Village Industries Board, Colonel Chowmuhani,
Agartala-799001.
3. The Executive Officer, The Tripura Khadi and Village Industries
Board, Colonel Chowmuhani, Agartala-799001.
4. The Secretary, Dept. of Finance, Govt. of Tripura, New
Secretariat Building, New Capital Complex, Kunjaban, Agartala,
West Tripura, PIN 799010.
----Respondent(s)
Connected with WP(C) No.1300/2017 Smt. Puspa Debnath, C/O. Ranjit Kumar Debnath, Resident of Vill.-Nabagram, P.O. & P.S.-Agartala Airport, District-West Tripura, PIN-799009.
----Petitioner(s) Versus
1. The State of Tripura (To be represented by the Secretary, Department of Industries and Commerce, Government of Tripura), New Secretariat Building, New Capital Complex, Kunjaban, Agartala, West Tripura, PIN 799010.
2. The Tripura Khadi and Village Industries Board, (A Govt. of Tripura Undertaking), To be represented by the Chairman, The Tripura Khadi and Village Industries Board, Colonel Chowmuhani, Agartala-799001.
3. The Executive Officer, The Tripura Khadi and Village Industries Board, Colonel Chowmuhani, Agartala-799001.
4. The Secretary, Dept. of Finance, Govt. of Tripura, New Secretariat Building, New Capital Complex, Kunjaban, Agartala, West Tripura, PIN 799010.
----Respondent(s) Page 2 of 6 WP(C) No.1546/2017 Smt. Ratna Datta, W/O. Pannalal Datta, Resident of Present Address-Maa Manasha Apartment, Flat No. G 1, 362, S.G. Dutta Road, Birati, Kolkata-700051.
Permanent Address-C/O. Lt. Haridas Datta, P.O. & Vill-Fatikcherra, Mohanpur, District-West Tripura, PIN-799210.
----Petitioner(s) Versus
1. The State of Tripura (To be represented by the Secretary, Department of Industries and Commerce, Government of Tripura), New Secretariat Building, New Capital Complex, Kunjaban, Agartala, West Tripura, PIN 799010.
2. The Tripura Khadi and Village Industries Board, (A Govt. of Tripura Undertaking), To be represented by the Chairman, The Tripura Khadi and Village Industries Board, Colonel Chowmuhani, Agartala-799001.
3. The Executive Officer, The Tripura Khadi and Village Industries Board, Colonel Chowmuhani, Agartala-799001.
4. The Secretary, Dept. of Finance, Govt. of Tripura, New Secretariat Building, New Capital Complex, Kunjaban, Agartala, West Tripura, PIN 799010.
----Respondent(s) WP(C) No.1558/2017 Sri Keshab Chandra Paul, S/O. Late Kedan Chand Paul, Vill.- Teliamura, P.O. & P.S. Teliamura, District-Khowai.
----Petitioner(s) Versus
1. The State of Tripura, Represented by the Secretary, Department of Industries & Commerce, Government of Tripura, Agartala, New Capital Complex, Kunjaban, P.S. N.C.C., Tripura, PIN-799001.
2. The Chairman, Tripura Khadi & Village Industries Board, Colonel Chowmuhani, P.O. Agartala, P.S. East Agartala, District-West Tripura.
3. The Director of Industries & Commerce, Government of Tripura, V.I.P. Road, Near Ginger Hotel, P.O. Kathalbagan, Agartala, P.S. N.C.C., District-West Tripura.
4. The Executive Officer, Tripura Khadi & Village Industries Board, Colonel Chowmuhani, P.O. Agartala, P.S. East Agartala, District- West Tripura.
----Respondent(s) Page 3 of 6 For Petitioner(s) : Mr. P. Roy Barman, Advocate, Mr. Samarjit Bhattacharjee, Advocate, Mr. K. Nath, Advocate.
For Respondent(s) : Mr. N. Choudhury, G.A., Mr. S. Datta, Advocate.
HON'BLE THE CHIEF JUSTICE MR. AJAY RASTOGI Order 25/06/2018 Since a common question has been raised in the batch of writ petitions, same are disposed of by the present order.
2. The writ petitioners served on different posts in Tripura Khadi and Village Industries Board and all of them stood retired from service on attaining the age of superannuation.
Name of the employees and dates of their retirement as informed to this court are as under:-
Sl. No. Name of employees Dates of retirement
1. Sri Ashim Kr. Bhattacharjee 28.02.2011
2. Smt. Puspa Debnath 30.06.2017
3. Smt. Ratna Datta 30.11.2011
4. Sri Keshab Ch. Paul 31.12.2013
3. Counsel for the petitioners submits that their entitlement for gratuity is not being questioned but each of them has been paid a gratuity subject to their qualifying service up to a sum of Rs.4 lakhs although each of them is entitled for gratuity in terms of the amended notification dt. 24.5.2010 and while amending Sec.4(3) of the Payment of Gratuity Act, 1972, the words „three lakhs and fifty thousand rupees‟, has been substituted by the words „ten Page 4 of 6 lakh rupees‟. Each of them has been paid gratuity as per the pre- amended provision of Sec. 4(3) of the Payment of Gratuity Act, 1972.
4. Counsel for the petitioners submits that the question arises for consideration as to whether the employees of the Board on their retirement from service are entitled for pre-amended gratuity or in terms of the amended notification dt. 24.5.2010 amending Sec.4(3) of the Payment of Gratuity Act substituting Rs.3.5 lakh by Rs.10 lakh in terms of the amended provision and this question in regard to the employees of the Board and applicability of the provisions of the Gratuity Act is no more res integra after the judgment of the Division Bench in WP(C) No.833/2016 along with WP(C) No.834/2016 & 835/2016 dt. 29.11.2016. I consider appropriate to quote the extract of para-9 of the judgment relevant for the purpose as under:-
"9. Having regard to the submissions made by the learned counsel and the amended provisions of the Payment of Gratuity Act the respondents are directed to recalculate the gratuity of the petitioners having the maximum of Rs.10,000,00/- in view of the amended provision of Section 4(3) of the Payment of Gratuity Act and after adjusting the amount that has been already paid, the remainder of the gratuity shall be paid to the petitioners from the date on which it fell due to the date when the due would be paid with interest @8% per annum. The payment shall be made within a period of 60(sixty) days from today without fail from the date on which a copy of the order shall be made available to the respondent No.3 by the petitioners."Page 5 of 6
5. Counsel for the petitioners submits that the qualifying service of the employees has not been considered in one of the case for the purpose of grant of gratuity and further submits that while computing the gratuity it has to be based on basic pay plus D.A. in terms of Sec. 2(s) of the Payment of Gratuity Act, 1972, but the question may not be open for consideration after the judgment of the Division Bench of this court holding that the employees of the Board are entitled for gratuity in terms of the Payment of Gratuity Act, 1972 and that being so, indisputably, computation has to be made in terms of the provisions of the Act, 1972 for the purpose of payment of gratuity.
6. Counsel for the respondents has filed counter affidavit in one of the writ petition to defend their action but as informed, the judgment of the Division Bench on which reliance has been placed by the petitioners has been implemented by the respondents and in the light of changed circumstances, question is no more res integra at least for the Single Bench of this court to consider the defence as being raised by the respondents in their counter.
7. Consequently, in the light of the judgment of the Division Bench of this court, the batch of writ petitions are disposed of and the respondents are directed to consider the case of the individual petitioner for payment of gratuity as per the amended provisions of the Payment of Gratuity Act and the amount accordingly be recalculated/computed and gratuity be paid having the maximum of Rs.10,000,00/- in view of amended provisions of Sec. 4(3) of the Payment of Gratuity Act, 1972 and after its due computation Page 6 of 6 the payment be made to each of the petitioners along with interest @ 8% per annum. The respondents shall ensure compliance of the order within 60(sixty) days.
8. The writ petitions stand disposed of with the observations supra. No costs.
CHIEF JUSTICE Certificate:- All corrections made in the judgment/order have been incorporated in the judgment/order. Pulak