SUBHAS CHANDRA SAHA, S/O LATE NITYANANDA SAHA Vs. STATE OF TRIPURA; TRIPURA ROAD TRANSPORT CORPORATION; MANAGING DIRECTOR TRIPURA ROAD TRANSPORT CORPORATION

JUDGEMENT

(1.) By means of this writ petition, the petitioner has prayed that the respondents be called upon to pay the balance gratuity of Rs. 2,33,343/- along with interest @12% per annum on the full amount of gratuity from the date of his retirement till payment of the amount of gratuity.

(2.) Briefly stated, the facts of the case are, that the petitioner joined service as Conductor in the Tripura Road Transport Corporation (in short T.R.T.C.) on 01.04.1974. He retired on attaining the age of superannuation after completing 38 years of service on 31.03.2012. The Controlling Authority cum Chief Labour Officer, Tripura determined the gratuity payable to the petitioner at Rs. 5,83,343/- and directed the respondent no.4 i.e. the Managing Director, T.R.T.C., to pay the gratuity to the petitioner. The respondent no.4 paid only a sum of Rs. 3,50,000/- purportedly in full and final settlement on 11.01.2013, more than nine months after the retirement of the petitioner. The petitioner then submitted petitions that he is entitled to another sum of Rs. 2,33,343/- with interest and the same may be paid to him. He was informed that the matter has been referred to the State Government. Thereafter the Controlling Authority cum Chief Labour Officer, again sent a letter on 14.05.2013 to the respondent no.4 stating that the petitioner was entitled to a sum of Rs. 5,83,343/- because the maximum gratuity payable to an employee had been enhanced from Rs. 3,50,000/- to Rs. 10,00,000/- w.e.f. 24.10.2010. Despite this, the amount was not paid and hence this petition.

(3.) As far as the T.R.T.C. is concerned, the stand taken by the T.R.T.C. is that it is always short of funds and can pay the amount only when the State release the funds. The State has taken a totally different stand. An affidavit on behalf of the State has been filed by Smt. Sumitra Debnath, Under Secretary of the Transport Department and according to her the provisions of payment of gratuity under The Payment of Gratuity Act, 1972 have not been introduced by the State Government for employees of non-commercial, non-plantation and non-factory ventures of the State Government. Reliance has been placed on the memo dated 16.08.2011, which reads as follows :