16.09.2026 Item No.16 Ct. No. 30 Aloke WPA 22999 of 2026 Cygnet Industries Limited Vs The Deputy Labour Commissioner, Chandannagar and the Appellate Authority, Chandannagar & Ors. Mr. Debjyoti Saha … for the petitioner s Mr. Uddipan Banerjee Mr. Subhrakanti Samanta … for the respondent no. 2 1. Written notes field on behalf of the petitioner is taken on record. 2. The writ application has been preferred challenging order dated 19th May, 2026 passed by the respondent no. 1/Appellate Authority and the order dated 22nd July, 2022 passed by the respondent no. 3/ Controlling Authority. 3. The petitioner herein is aggrieved by the following findings of the Appellate Authority which is as follows : “Hence during this period also the employee was in continuous service for the period of each one year for those eight years. Hence, it appears that for budli workmen as per section 2A(2) the employee can be said to be in continuous service if he has worked for 240 days in that year. There is no mandatory or statutory requirement of rendering consecutive continuous service of 5 years for getting entitled to gratuity neither as per section 4(1) or the 2A12) of the said Act.” 2 Hence, in view of above, I found no reason to differ with the views of the Controlling Authority. The instant appeal is thus decided against the appellant and disposed of herewith.” 4. Admittedly, the respondent/workman was not in continuous service from 2002 to 2006. As such, the authorities being the Controlling and the Appellate Authority have wrongly calculated the gratuity from 2002 to 2011. 5. The petitioner’s case is that the worker was in continuous service from 2007 to 2011. He is entitled to gratuity for the said period. 6. Learned counsel for the respondent/worker submits that he is agreeable to accept the calculation on and from 2007 and at present he is entitled to the amount to be calculated from 2007 to 2011. 7. Learned counsel for the respondent admits that the period from 2002 to 2006 the worker was not in continuous service and, as such, is not entitled for gratuity for the said period. 8. Considering the said facts and the submission of the learned counsel for the parties, the writ application is disposed of with the following modification of the orders. The period to be calculated for continuous service shall be from 2007 to 2011. 9. The impugned orders thus stand modified and the authorities are directed to make the necessary calculations as per the modified direction given by 3 this Court, within a period of 30 days from the date of communication of this order. 10. Writ application stands disposed of. 11. 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.)