M/S Kesoram Rayon Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

M/S Kesoram Rayon Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal M.A.T. 553 of 2025 disposed of on agreed terms with the impugned Tribunal judgment and order set aside: Provident Fund payable from date of deposit till dismissal (04.04.2012); gratuity for the entire period of service computed to superannuation at age 55 (circa 2024) on all applicable salary/allowance revisions; bonus, leave salary, dress allowance, medical allowance and other applicable allowances up to 2011 to be released by the Management; all sums calculated and paid within one month; no back wages from dismissal to superannuation; no order as to costs; connected CAN 1 of 2025 also disposed of.

Issue for consideration

Whether, on the agreed early disposal of the appeal, the workman's dues comprise Provident Fund from the date of deposit till the date of dismissal (04.04.2012) and gratuity for his entire period of service based on superannuation at the age of 55. +2 more

Court's answer

The appeal is disposed of on consent-based directions; Provident Fund is to be paid to the workman from the date of deposit till the date of dismissal, i.e. 4th April, 2012.

Ratio / Principle

Gratuity is to be paid to the workman for the entire period of service based on his superannuation at the age of 55, which would fall sometime in 2024.

Key takeaways

Bonus, leave salary, dress allowance, any medical allowance and all other applicable allowances up to 2011 are to be released by the Management in favour of the workman.ratio¶16
Gratuity shall be calculated on the basis of all applicable revisions of salaries and allowances up to the age of superannuation.ratio¶17
The workman is not entitled to any back wages from the date of his dismissal till the date of superannuation.

Detailed headnote1 paragraphs

Industrial/service-matter appeal (M.A.T. 553 of 2025, Kesoram Rayon v. State of West Bengal & Ors.) disposed of by a Division Bench (Rajasekhar Mantha and Rai Chattopadhyay, JJ.) on consent-based directions after the Court found infirmities in both the Tribunal's order and the learned Single Judge's order. The impugned judgment and order of the Tribunal stands set aside. The workman (respondent no.5, dismissed 4th April, 2012) receives: Provident Fund from the date of deposit till the date of dismissal; gratuity for his entire period of service based on superannuation at age 55 (falling circa 2024), calculated on all applicable revisions of salaries and allowances up to superannuation; and bonus, leave salary, dress allowance, medical allowance and all other applicable allowances up to 2011, released by the Management. All sums to be calculated and paid within one month. The workman gets no back wages from dismissal till superannuation. No order as to costs; connected application CAN 1 of 2025 likewise disposed of.

21.07.2026. Item No. 17. Court No. 13

ap

M.A.T. 553 of 2025 With

I.A. No. CAN 1 of 2025

M/s. Kesoram Rayon Versus

The State of West Bengal & Ors.

Mr. Soumya Majumder, ld. Sr. Advocate, Mr. Sandip Kundu,

Mr. Malay Kumar Seal.

….For the Appellant. Mr. Suvadip Bhattacharjee.

…For the respondent no.5.

This Court has heard the arguments of Mr. Soumya Majumder, learned Senior Advocate for the appellant/employer and Mr. Suvadip Bhattacharjee, learned Counsel for the workman.

While this Court has found infirmities in the order of the Tribunal as well as the learned Single Judge of this Court, this Court had offered to the workman as well as employer, a proposal for putting to an early end the litigation between the parties.

Learned Counsel for the workman has agreed as has the employer.

Having regard to the submissions made in Court today, this Court directs that the appeal be disposed of. Let Provident Fund be paid to the victim from the date of deposit till the date of dismissal i.e. 4^th April, 2012. Gratuity shall, however, be paid to the workman for the entire period of service based on his superannuation at the age of 55 i.e. that would come sometime in 2024.

2

In addition to the above, the bonus, leave salary, dress allowance, any medical allowance and all other allowances upto 2011, as may be applicable, shall also be released by the Management in favour of the workman.

The gratuity shall be calculated on the basis of all applicable revision of salaries and allowances upto the age of superannuation.

The workman shall not be entitled to any back wages from the date of his dismissal till the date of superannuation.

Let the aforesaid sums be calculated and paid to the workman within a period of one month from date.

With the aforesaid observations, the impugned judgment and order of the Tribunal shall stand set aside.

M.A.T. 553 of 2025 shall stand disposed of.

In view of disposal of the appeal itself, the connected application being CAN 1 of 2025 shall also stand disposed of.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

( Rajasekhar Mantha, J. )

( Rai Chattopadhyay, J. )