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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.

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.

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

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.