SHIBAPRASAD SUTRADHAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ application has been preferred against an order dtd. 28/2/2024 passed in Appeal Case No. GA-92/2022 by the respondent no. 3 herein being the Appellate Authority, under the Payment of Gratuity Act, 1972, Serampore, Hooghly, with a prayer for withdrawal of the order dtd. 16/11/2022 passed in Gratuity Case No. G-02/20 by the respondent no. 2 being the Controlling Authority, under the Payment of Gratuity Act, 1972, Serampore, Hooghly.

(2.) The petitioner's case is that he joined the unit of respondent no. 4 on 1/1/1997 as a security guard and since then he has worked continuously through several contractors at the said unit and ultimately he superannuated from his service w.e.f. 1/8/2019.

(3.) It is stated that as per Sec. 7(2) of the Payment of Gratuity Act, 1972, it was the statutory duty upon the respondent no. 4 and respondent no. 5 to pay the gratuity amount to petitioner. Since the gratuity amount was not paid to the petitioner, the petitioner on 30/11/2019 submitted an application in Form No. I of the West Bengal Payment of Gratuity Rules, 1973, thereby claiming the Gratuity from his employer.