SWAPNA BANERJEE Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner joined the West Bengal Handicrafts Development Corporation Limited (the Corporation, for short), i.e., the respondent no. 3 herein as a temporary staff on Feb. 13, 1985. Subsequently her service was confirmed in the year 1986 as the Emporium Manager.

(2.) On March 2, 2015 she received the notice of retirement informing her that she would be superannuated on Aug. 31, 2015 after attaining the age of 60 years. The grievance of the petitioner is that she has not received all her retiral benefits despite making several representations. On June 3, 2016, she received payment towards gratuity but no interest was paid to her which she is entitled to receive in terms of Payment of Gratuity Act, 197

(3.) The petitioner filed a case before the Controlling Authority under Payment of Gratuity Act and subsequently, she sent a further reminder on July 19, 2016, requesting the respondents to pay the other retiral benefits. She states that a management staff requested her to meet the Managing Director personally. Since she was not in a position to appear personally she authorised her husband to appear and discuss on the basis of her letter of authorization. When the husband appeared before the Managing Director on Aug. 10, 2016, the authorization was dishonored. She alleges that the husband was advised to move the matter before the appropriate forum. The petitioner, thereafter, sent a notice of demand through her learned Advocate requesting the respondent to release the payment within seven days but in spite of receiving the said demand the respondent did not pay any heed to it and remained silent which compelled her to approach the Court.