(1.) Two writ applications, one filed by the Delta Limited challenging an order dtd. 3/9/2021 whereby the appellate authority under the Payment of Gratuity Act, 1972, was, inter alia, pleased to dismiss the said appeal on the ground of limitation and the other writ application being WPA 4121 of 2021 filed by the workman concerned, inter alia, praying for execution of the certificate issued by the controlling authority under the Payment of Gratuity Act, 1972, through the certificate officer having jurisdiction are taken up for consideration together.
(2.) Records would reveal that the petitioner in WPA 4121 of 2021 (hereinafter referred to as the "workman") was engaged by Delta Limited (hereinafter referred to as the "company") on 10/1/1966.
(3.) It is the contention of the workman that the workman was a permanent employee under the company and had attained the age of superannuation on 21/2/2005. Thereafter following his superannuation sometimes on or about 25/3/2005, provident fund accumulation was disbursed in favour of the workman. After a lapse of more than a decade from the date of superannuation, the workman had filed an application in Form "I" before the company in terms of provisions contained in the West Bengal Payment of Gratuity Rules, 1973 (hereinafter referred to as the said Rules).