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Mrinal Halder v. the Durgapur Project Ltd. and Ors.

Calcutta HC5 Jul 2022WPA/11864/2022

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What is this about?

The Calcutta High Court disposed of a writ petition claiming interest on delayed retirement benefits. Relying on a prior order, the Court directed the respondent to pay 6% annual interest on gratuity and leave salary from the retirement date. Failure to comply attracts a 10% statutory rate.

What did the court decide?

Respondent directed to pay interest at 6% per annum on Rs.11,26,643 from 1st August 2017 to 14th December 2018; statutory default of 10% if not paid within six months.

Mrinal Halder Vs the Durgapur Project Ltd… — Pension and Retirement Benefits | Calcutta HC (2022)

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16 05.07.2022 Ct. No.23 pg.

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IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE

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WPA 11864 of 2022

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Mrinal Halder Vs.

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The Durgapur Projects Limited & Ors.

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Mr. Siddhartha Sarkar

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… For the petitioner

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Mr. Sujit Sankar Koley … For the respondents

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The petitioner was an employee in Durgapur Projects Limited (in short “DPL”), the respondent no.1. The petitioner retired from service on 31^st July, 2017. The petitioner on his retirement was entitled to payment of gratuity and an amount on account of leave salary aggregating to Rs.11,26,643/-. This figure is not in dispute. The petitioner was paid this amount on 14^th December, 2018. The date of payment is also not in dispute. The petitioner says that there has been a delay of about 16 months in making of the said sum of Rs.11,26,643/- on account of gratuity and leave salary. The petitioner, therefor, is entitled to interest for delayed payment of gratuity as per the provisions of Section 7(3A) of the Payment of Gratuity Act, 1972 (hereinafter referred to as the “said Act”) and interest on the same rate on leave salary since the same is part of the retiral benefits.

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The issues involved in the instant writ petition are squarely covered by a recent judgment and order of this Court dated 9^th August, 2021 passed in WPA 11485 of 2021 (Kajal Pal v. The Durgapur Projects Ltd. & Ors.). The consensus between the parties as was in case of Kajal Pal (supra) is also there in the instant case.

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As such, this writ petition is disposed of on the similar lines as in Kajal Pal (supra), which are as follows:-

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The respondent no.1 is directed to pay interest to the writ petitioner at the rate of 6 per cent per annum on Rs.11,26,643/- being the amount on account of gratuity and leave salary calculated on and from 1^st August, 2017 till 14^th December, 2018 within a period of six months from the date of communication of a photostat certified copy of this order and in default statutory rate of 10 per cent as in case of gratuity will be attracted on the entire amount from 1^st August, 2017 till 14^th December, 2018.

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Nothing further remains to be adjudicated in this writ petition.

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Since I have not called for any affidavits, allegations made in the writ petition are deemed to have not been admitted by the respondents.

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Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

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(Arindam Mukherjee, J.)

Mrinal Halder v. the Durgapur Project Ltd. and Ors.

Case brief

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Mrinal Halder v. the Durgapur Project Ltd. and Ors.

Case brief

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