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Calcutta High Court · body

2026 DAILYLAW 15533 (CAL)

M/S. DELTA LIMITED v. STATE OF WEST BENGAL AND ORS.

WPA/21928/2023 · 2026-01-14

Shampa Dutt Paul

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

14.01.2026 Ct. No. 30 D/L. No. 11 SM WPA 21928 of 2023 M/s. Delta Limited Versus The State of West Bengal & Ors. Mr. Ghanshyam Pandey Ms. Amrita Pandey Ms. Ayushi Mishra ……for the petitioner Mr. Bipin Ghosh …….for the respondent no. 2 & 3 Ms. S. Sengupta Mr. R. Guha Thakurta …….for the private respondent 1. The writ application has been preferred challenging an order dated 16th November, 2018 and 27th January, 2023 passed by the Controlling Authority under the Payment of Gratuity Act and the impugned order dated 20th January, 2023 passed by the Certificate Officer under the Bengal Public Demands Recovery Act, 1913. 2. It transpires from the record that the petitioner without approaching the appellate authority under Section 7 sub-section (7) of the Payment of Gratuity Act, has chosen to approach the High Court. 3. Learned counsel appearing for the respondents submits that the petitioner has intentionally not approached the appellate forum but has approached the High Court only to deprive the workmen of his legitimate dues, pending since 2018. 4. Considering the said fact, the writ application is disposed of with liberty granted to the petitioner to 2 approach the appropriate forum, in accordance with law. 5. Writ application stands disposed of. 6. Applications, if any, connected thereto stand disposed of consequently. 7. Interim order, if any, stands vacated. 8. Photostat certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities. [Shampa Dutt (Paul). J]