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Calcutta High Court · body

2025 DAILYLAW 12261 (CAL)

CHANDI CHARAN DAS v. STATE OF WEST BENGAL AND ORS.

WPA/4537/2025 · 2025-02-28

Shampa Dutt Paul

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

28.02.2025 Item No.8 BR WPA 4537 of 2025 Chandi Charan Das -vs- State of West Bengal and ors. Mr. Rananeesh Guha Thakurata, Ms. Senjuti Sengupta, …. For the petitioner Mr. Saptarshi Guha … for the State Mr. Soumya Majumder, Sr. Adv., Ms. Anamika Pandey … for the private respondent The present writ application has been preferred praying for direction upon the respondent nos. 3 and 4 to complete the certificate proceedings dated 22nd November, 2022 within a specified period. It is submitted that a certain part of the payment has been made but still there is outstanding due from the respondent company. On hearing the parties and on perusal of the materials on record, it appears that the Controlling Authority vide an order dated 22.8.2022 and a notice for payment 2 of gratuity dated 22.8.2022 directed the payment of gratuity in favour of the employee as the payment was not made. a show cause notice was issued by the Controlling Authority on 28.10.2022 and subsequently a notice for recovery of gratuity was made on 22.11.2022 to the Certificate Officer and District Magistrate, Howrah. The Certificate Officer initiated the proceedings on 20.2.2023 but till date has not disposed of the same. It appears that on 12.10.23 the Certificate Officer issued warrant of arrest but since then more than a year has passed and no action has been taken in the said proceedings. Considering the said facts the writ application is disposed of with the direction that the Certificate Officer shall make all endeavour to dispose of the proceedings within 60 days from the date of communication of this order in accordance with law. WPA 4537 of 2025 stands disposed of. Parties to act on the server copy of this order. Parties to act on the server copy of this order. Urgent Photostat certified copy of this order, if applied for, be given to the learned 2 3 counsel for the parties on usual undertakings. ( Shampa Dutt (Paul), J. ) 3