MAHADEO JUTE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ application has been preferred challenging the order dtd. 1/2/2024 passed by the Controlling Authority and the order dtd. 16/12/2024 passed by the Appellate Authority.

(2.) The petitioner/company's case is that the respondent no. 4 was employed in the jute mill as a Budli in the year 2/4/1980 and was made Special Budli in the year 2000. He superannuated on 16/4/2014. During the period of his such Budli employment he did not work continuously for 240 days, consecutively for 5 years till his retirement on 16/4/2014. He was an insured person under the provision of the Employees' State Insurance Act, 1948. His contribution was deposited according to the wages earned in each month during the period of his employment.

(3.) It is the petitioner's case that after the respondent no. 4 superannuated on 16/4/2014, the petitioner/company issued several notices which were put up on its notice board in the case of Budli employees as per practice of the company intimating therein to the respondent no. 4 to come and collect his gratuity dues which was ready for disbursement. The petitioner also by its letter dtd. 8/8/2017 requested the respondent no. 4 to come and collect his gratuity dues, but the respondent no. 4 failed to report to the office of the company to receive his gratuity dues which is due and payable as per records of the company.