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2026 DAILYLAW 43927 (CAL)

RUMA MANDAL v. THE STATE OF WEST BENGAL AND ORS

WPA/2001/2026 · 2026-09-28

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16 28.09.2026 Ct. No.6 b.das IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction WPA No. 2001 of 2026 Ruma Mandal Vs. The State of W.B. & Ors. Mr. Rahul Karmakar Mr. Abhijit Ch. Majumder…for the petitioner. Mr. Dipankar Sen Mr. Bibek Tarafder …for the State. Affidavit of service filed by the petitioner and the report submitted by the State are taken on record. On prayer of the petitioner, liberty is granted to expunge the name of the Branch Manager, State Bank of India, CTO Complex Branch, being the 6th respondent herein and implead the Deputy Labour Commissioner, Malda, West Bengal as respondent no.8 in the writ petition. The cause title of the writ petition be amended accordingly. Since the State is represented, service of notice upon the added respondent is dispensed with. Learned counsel for the petitioner submits that the petitioner’s husband Barun Ghosh, since deceased, was employed in connection with a work 2 at Sri Krishna College of Engineering and Technology, Coimbatore and expired on 4th July, 2023 in an accident in course of employment. Proceeding was initiated under the Employees’ Compensation Act, 2023 before the Commissioner for Employees’ Compensation, Coimbatore and a sum of Rs.16,85,859/- was awarded as compensation to the petitioner. Pursuant to the said order, a Demand Draft of such amount drawn on the State Bank of India, CTO Complex Branch, Coimbatore was issued and was sent to the Deputy Labour Commissioner, Malda, West Bengal for disbursal. Learned counsel for the petitioner submits that the said Demand Draft has not been received by the petitioner till date. It appears from the letter issued by the Joint Commissioner of Labour (In Charge), Coimbatore that the Demand Draft for Rs.16,85,859/- dated 14th May, 2024 was sent to the Deputy Labour Commissioner, Malda and was encashed in favour of the Deputy Labour Commissioner, Malda on 11th June, 2024. The Joint Commissioner of Labour (P) Government of West Bengal, Malda has stated that the Deputy Labour Commissioner is not the competent authority to receive/deposit/transfer any 3 amount under the Employees’ Compensation Act, 2023. It is crystal clear from the record that the Demand Draft of Rs.16, 85, 859 was encashed in favour of Deputy Labour Commissioner, Malda on 11th June, 2024. Surprisingly the said amount has not been disbursed in favour of the petitioner till date. In view of the above, the Deputy Labour Commissioner, Malda is directed to disburse the said amount in favour of the petitioner within 10 days from the date of communication of this order alongwith 8% interest per annum thereon from the date of encashment of the draft, that is, on 11th June, 2024 till payment of the amount to the petitioner, subject to the petitioner complying with all requisite formalities. The writ petition is disposed of accordingly. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)