INDIAN JUTE INDUSTRIES RESEARCH ASSOCIATION AND ANR. v. UNION OF INDIA AND ORS.
WPA/2947/2026 · 2026-08-27
Shampa Dutt Paul
body2026
DailyLaw.ai
[ 2026 DAILYLAW 37224 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 37224 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
27.08.2026 Item No.24 Court No. 30 skg WPA 2947 of 2026
Indian Jute Industries’ Research Association & Anr. -vs- Union of India & Anr.
Mr. Victor Chatterjee, Adv.
….for the petitioner
Mr. Asis Mukherjee, Adv.
Mr. Debashish Basak, Adv.
…for Union of India
Ms. Debapriya Mitra, Adv.
…for respondent no.3
1. The writ application has been preferred being aggrieved by the order dated 04.08.2025 passed by the Controlling Authority and also a letter dated 28.10.2025 issued by Director, Indian Jute Industries’ Research Association.
2. Vide the impugned orders dated 04.08.2025 the Controlling authority directed as follows:
“I hereby direct respondent to deposit the interest on amount of gratuity amounting to Rs.1,14,328/- within 30 days from the receipt of this order to this Controlling Authority”
3. Vide the letter dated 28.10.2025 the Controlling authority issued notice to the petitioner herein to comply with the said order dated 04.08.2025.
4. On hearing the learned Counsel for the parties and on perusal of the materials on record it appears that challenging the order of the Controlling Authority dated 22.06.2011 and the order of the
2
Appellate Authoirty dated 30.04.2012 the petitioner preferred 23 writ applications being WPA 11380 of 2012 and 22 other writ applications. All 23 writ applications were disposed of by the Single Bench on 13.11.2024. Vide the said judgment and
order the learned Judge held as follows:
“This Court, therefore, holds that the private respondents shall not be entitled to increase gratuity that was made applicable with effect from 1st of July, 2009. The order of the appellate authority stands modified only to that extent. In the said supplementary affidavit affirmed on October 4, 2024 a annexed. In the said chart the balance amount payable to the private respondents, the amount deposited with the High Court pursuant to an order dated 27th August, 2012; and the amount along with interest which was deposited in the Office of the Assistant Labour Commissioner, Kolkata on 21s July, 2011 have been indicated in the said tabular chart. In view thereof, this Court directs the learned Registrar General to release the amount as indicated in the tabular chart as Annexure-'S-1' to the supplementary affidavit affirmed on October 4, 2024 to the private respondents together with interest accrued thereupon on the fixed deposits which were made pursuant to the order dated 27th August, 2012. The balance amount, if any, lying in
3
the deposit shall be paid to the writ petitioner Association The entire exercise shall be completed by the learned Registrar General within a period of four weeks from the date of receipt of a server copy of this order.”
5. The balance amount of gratuity was duly paid to all the employees and also received. The present writ application has been preferred being aggrieved by the order of the Controlling Authority being the impugned order herein which has been passed in compliance of further direction given by the Single Bench. The direction of the learned Single Bench is as follows:
“Liberty is granted to the private respondents to make an application before the Controlling authority within a period of two weeks from the date of receipt of a server copy of this order. If such application is made, the controlling authority shall calculate and pay the amount with interest payable which the private respondents may be entitled to from the date of their respective retirement under the VRS Scheme till the 27th August, 2012 and after paying the said amount to the private respondents the balance amount shall be refunded to the pétitioner Association. The entire exercise shall be completed by the controlling authority within a period of four
4
weeks from the date of making the application by the private respondents.
In the event the private respondents do not approach the Controlling authority within the time indicated hereinbefore, it will be open to the petitioner Association to approach the Controlling authority for refund of the amount which is lying in deposit with such authority.”
6. It appears that the learned Single Judge directed that the Controlling Authority shall calculate and pay the amount of interest to the private respondents. Considering the fact that the amount on which interest was to be paid was lying as deposited with the Office of the Assistant Labour Commissioner, Kolkata, for the period from the date of retirement under VRS Scheme till the date of making such deposit with the office of the Assistant Labour Commissioner. 7. It appears from the impugned order dated 04.08.2025 that the Controlling Authority in compliance with the direction of the learned Single Bench calculate the interest. It appears that when the Controlling Authority passed the initial order dated 16.05.2011 which was affirmed by the appellate authority vide its order dated 30.04.2012 and the said order were challenged in the 23 writ applications being WPA 11380 of 2012 on which the Controlling Authority was passing an order in
5
compliance. It appears that in the order dated 16.05.2011 the authority passed the order as follows:
“In view of the above, the employer is directed to pay the balance gratuity amounting to Rs.9,181/- (Rupees Nine Thousand One Hundred Eighty One only) together with the simple interest accrued upon @ 10% p.a. on account of delayed payment of gratuity from the date it became payable i.e., from 01.03.2009 till the actual date of payment of gratuity amount, to SHRI KISHORI MOHAN DAS, the applicant within 30 days from the date of receipt of this order.”
8.
The order categorically notes that the amount of balance gratuity as decided by the authority shall be deposited along with simple interest at the rate of 10% p.a. for delayed payment of gratuity from the date it became payable (VRS) till actual date of payment of gratuity amount (deposited with the learned Registrar General, High Court at Calcutta) who was directed to release the payment as per indication in the tabular chart vide the order dated 13.11.2024 passed in 23 writ applications being WPA 11380 of 2012 and other 22 writ applications. The learned Registrar General was directed to complete the payment within four weeks. The direction upon the learned Registrar General included the said payment
6
along with interest accrued thereupon on fixed deposit. As such there was no interest due to be paid by the petitioner herein from the date of VRS till deposit, as the order of the Controlling Authority and the computation therein included interest and the total amount was deposited with the learned Registrar General as
directed by the Court in the 23 writ applications and the same accrued interest on being put in Fixed Deposit and was paid along with interest as per the tabular chart to the employees. As such there being no outstanding interest the impugned
order and the notice dated 04.08.2025 and 28.10.2025 being not in accordance with law, are quashed and set aside.
9. The writ application being WPA 2947 of 2026 is allowed.
10. There shall be no order as to costs.
11. The urgent Photostat certified copy of this
order, if applied for, be given to the parties on usual undertaking.
(Shampa Dutt (Paul), J.)