SURYA NARAYAN MISHRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE allegation in this WP is that for undisclosed reasons the respondents have withheld payment of terminal benefits.

(2.) MR Deb Roy appearing for the employer has submitted that certain benefits could not be paid for acute financial crisis; and that for gratuity a remedy under s.8 of the Payment of Gratuity Act, 1972 was available. He has relied on an unreported Division Bench decision dated March 27, 2012 in an MAT No.112 of 2012.

(3.) IN my opinion, financial crisis, if any, of the employer is no ground to say that it is entitled to withhold payment of terminal benefits of its employees. In this case it incurred the obligation to pay the benefits in question on February 1, 2010. By withholding the payment it caused loss and harassment. This is a litigation it has generated without any valid reason.