KASHINATH DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present Writ Petition has been filed, inter alia, challenging the Order dtd. 21/10/2019, passed by the Respondent No.3, whereby he had rejected the requisition for certificate issued under Sec. 8 of the Payment of Gratuity Act, 1972 (hereinafter referred to as the "said Act").

(2.) The Petitioner claims to be an ex-Employee of the Respondent No.4. According to the Petitioner, after serving the Respondent No.4 for 39 years, the Petitioner was superannuated from service on 21/3/2013. At the time of his superannuation his last drawn wages was Rs.9,495.68p.

(3.) Since, the gratuity was not disbursed in his favour he had filed an application in Form "N" before the Controlling Authority for determination of amount of gratuity payable to him. The aforesaid proceeding was not contested by the Respondent No.4 and the same ultimately culminated in the Order, dtd. 26/11/2018, thereby determining a sum of Rs.3,74,720.00due and payable by the Respondent No.4 on account of the gratuity payable to the Petitioner.