NIDHIRAM GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE Court : Mr Pal appearing for the petitioner submits that the questions of fact and law involved in this WP are identical with the ones which were involved in a WP No.11853 (W) of 2012 (Sri Khudiram Ghosh v. The State of West Bengal & Ors.) that was decided by a decision dated December 3, 2012. Mr Mukherjee appearing for the company, the petitioner's former employer, and not disputing the correctness of the submissions made by Mr Pal, has, however, submitted as follows. In 2009 the company issued an order that salary arrears payable due to revision of pay would be paid on receipt of funds from the State Government. In spite of repeated requests, the State Government has not released funds. The company is a sick one. It is not in a position to pay salary arrears.

(2.) THE decision dated December 3, 2012 in Khudiram Ghosh is quoted below:-

(3.) THIS WP and all the previous WPs are identical on facts. The company accepting the decisions given in the previous WPs ought to have given the petitioner in this WP the benefits. It just remained inactive and thus generated this unnecessary litigation. Its conduct cannot be countenanced. The retired petitioner not paid all his retirement benefits has been driven to Court for no valid reason. It is necessary to order token deterrent costs. For these reasons, I dispose of the WP ordering as follows. The company shall pay the petitioner five hundred rupees costs and unpaid gratuity, leave salary, salary arrears, etc. with 7% p.a. interest from the day he ceased to be in its employment in eight equal monthly instalments. The interest element calculated on the basis of the dates of payment shall be paid with the last instalment. Certified xerox.