TOYEB ALI MIDDAY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner was a worker of a Jute Mill namely M/s. Delta Limited being respondent No. 4 (The Jute Mill, in short). He joined the service in the Jute Mill on 27.04.1970 and superannuated on 29.05.2003. As his Gratuity was not paid by the Jute Mill he took steps in accordance with the Payment of Gratuity Act, 1972 so that he can get the gratuity amount.

(2.) The CO after receiving the requisition started a case under the Bengal Public Demands Recovery Act, 1913 (PDR Act, in short) and ultimately in the proceeding he recorded his dissatisfaction on the ground of not following the Rules under the Gratuity Act, 1972 by the ALC and by his order dated 21.10.2019 exercising power under Section 6 of the PDR Act the requisition for certificate was rejected.

(3.) This rejection of requisition of certificate has given rise to the present writ application whereby the petitioner being the superannuated workman filed the writ application for setting aside the order passed by the CO on 21.10.2019.