1 1 02.09.2026 Item No.11 Court No. 30 Aloke WPA 20756 of 2026 M/s. Jiwanram Sheoduttrai Industries Ltd. -vs- The State of West Bengal & Anr. Mr. Uddipan Banerjee Mr. Subhrakanti Samanta … for the petitioners Mr. Ajit Mishra, ld. AGP Ms. Sudipa Banerjee Mr. Gopal Krishna Sarkar … for the State 1. The State has filed a report wherein it appears that the Controlling Authority has stated as follows : “The opposite party challenging the above direction dated 19.06.25 of the Controlling Authority filed Memorandum of Appeal on 19.08.2025 along with a cheque of Rs.1,44,231/- but without any certified copy of the direction of the Controlling Authority. A letter was issued on 15.10.2025 to the opposite party informing about the provision of the Act to submit certified copy 2 2 with the Memorandum of Appeal for further action from this end. The Opposite party submitted the same on 05.12.2025. After that the cheque was deposited at the P.L account maintained in this purpose at the R.B.I., Kolkata but the cheque was dishonoured/not encashed due to lapse of stipulated period.” 2. Learned counsel for the petitioner has placed a copy of the said demand draft which it appears to be not a cheque as stated by the authority but as the same was placed for encashment belatedly, the same was not encashed. 3. Learned counsel for the petitioner submits that an opportunity may be granted as there was no fault on his part and leave may be granted to the petitioner to re-validate the demand draft, as the amount has already been deducted from his account and for that the Controlling Authority should be directed to return the said demand draft. 4. It appears that in spite of necessary steps being taken by the petitioner, the Controlling Authority has issued the certificate and the petitioner’s appeal could not be considered in accordance with law. 3 3 5. On hearing the learned counsels for the parties, the writ application is disposed of with the direction that the Controlling Authority shall return the demand draft for a sum of Rs.1,44,231/- to the petitioner within seven days from the date of communication of this order and the petitioner on getting it re-validated, shall deposit the same with the authority within seven days thereafter and on the same being deposited, the appeal preferred by the petitioner shall be admitted and heard. 6. The appellate authority shall make all endeavour to dispose of the appeal within 30 days from date of admission of the appeal. 7. The certificate dated 15th January, 2026, issued under Section 8 of the Gratuity Act is accordingly quashed and set aside in view of the directions above. 8. The writ application stands disposed of. 9. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. ( Shampa Dutt (Paul), J. )