DEONATH PRASAD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present Writ application has been filed, inter alia, challenging the Order, dtd. 4/12/2019 passed by the Respondent No.2 with a further direction upon the said Respondent to dispose of the Petitioner's application for disbursal of gratuity amount.

(2.) The Petitioner claims to be a Workman, who was employed with the Respondent No.3. It is the Petitioner's case that the Respondent No.3 runs a jute mill, where the Petitioner was employed at the factory premises of the said Respondent. According to the Petitioner, since the Respondent No.3 did not disburse the gratuity in favour of the Petitioner, the Petitioner had filed an application in Form-'N' before the Respondent No.2, who according to the Petitioner was an authority appointed by the appropriate Government under Sec. 3 of the Payment of Gratuity Act, 1972 (hereinafter the "said Act") for deciding the Petitioner's case.

(3.) Incidentally, upon receipt of the Petitioner's application in Form- 'N', by two communications in writing dtd. 10/5/2018 and 13/6/2018, the office of the Respondent No.2 requested the Petitioner to submit his application in Form-'N', before the Central Labour Commissioner, Kolkata. Since no reasons were disclosed as to why the Petitioner was directed to submit his application in Form-'N' before the Central Labour Commissioner, Kolkata, the Petitioner had filed a Writ application before this Court which was registered as WP 21561 (W) of 2018.