SANTOSH PATHAK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner's grievance is that he has been deprived of payment of gratuity to which he is entitled on superannuation.

(2.) The petitioner who was an employee under respondent no. 5 superannuated on 28th November, 2013 and was entitled to receipt of the gratuity amount as per provision laid down under section 7(3) of the Payment of Gratuity Act, 1972. Despite such specific provision, no gratuity was paid to him for which he filed an application before the Controlling Authority (respondent no. 2) which was registered as case no. 86/15/G/HOW and was disposed of on November 19, 2018. Despite specific directions by the said order upon respondent no. 5 for payment of gratuity to the tune of Rs. 3,29,928/- to the petitioner along with admissible interest, the employer/respondent no. 5 failed and neglected to disburse such amount for which the Controlling Authority issued requisition for a certificate under section 8 of the Act of 1972 to the Collector and District Magistrate, Howrah (respondent no. 3) for recovery of the amount.

(3.) The petitioner submits that instead of taking steps for recovery of the amount under section 8 of the Act, the Certificate Officer (respondent no. 4) pointed out certain defects in the requisition and sent back the same to the Controlling Authority for rectification. The Certificate Officer observed in his order dated 21-08-2019 that all the documents showing service of notice upon the employer were photocopies of the original document and therefore could not be taken into consideration. The Controlling Authority furnished a reply to the said letter of the Certificate Officer on 16-09-2019 wherein he placed reliance on section 8 of the Act of 1972 and stated that the "the duty and power of the Hon'ble Collector are just restricted to recover and pay the amount mentioned in the certificate issued by the Controlling Authority along with compound interest, as arrears of land revenue, and not beyond that. " In reply to the said letter, the Certificate Officer, vide order dated 21-10-2019, expressed his dissatisfaction with the requisition and rejected the same.