JAYA RANI ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE Court : The petitioner in this WP under art.226 dated July 5, 2012 is alleging that for undisclosed reasons the respondents liable to pay service benefits of her husband and not disputing her entitlement and their liability have not paid the benefits.

(2.) IT is not disputed that the husband of the petitioner died on May 18, 2010 when he was in the services of North Bengal State Transport Corporation (in short NBSTC), and that NBSTC incurred an obligation to pay his service benefits on May 19, 2010. Nor is it disputed that NBSTC has not paid the benefits.

(3.) THE plea that for gratuity the petitioner had a remedy under s.8 of the Payment of Gratuity Act, 1972 is without merit. Availability of a statutory remedy such as the one under s.8 of the Payment of Gratuity Act, 1972 is not a bar to seek the art.226 remedy. Besides, the employee's entitlement to gratuity and liability of NBSTC to pay gratuity both are undisputed.