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2004 Supreme(Cal) 533

AMITAVA LALA
HINDUSTAN CABLES LTD. , RUPNARAINPUR UNIT, P. O. HINDUSTAN CABLES, BURDWAN – Appellant
Versus
APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 – Respondent


Advocates Appeared:
DEBAPRASAD NATH, Narendra Kumar Mehta, Sajal Kanti Bhattacharya, Shankar Haider, SOUMYA MAJUMDAR

AMITAVA LALA, J.


( 1 ) A short point is involved in this writ petition. The point is that even after recovery of the amount by the respondent No. 3-applicant/employee as per the terms and conditions of the contract for voluntary retirement, can he restrain the company's quarter beyond the period of two years without leave as a special case on payment of normal rent or not. The need of such retention of the company's quarters is not reflected from any of such documents particularly in view of the fact that the petitioner is admittedly residing at a different place at 26, Padmapukur Road, P. O. Fingapara, Dist. 24-Parganas (North ). The description of such address is given by the respondent No. 3-applicant/employee in the affidavit to support his vacating application being CAN No. 6085/2004 of his own. Under such circumstances, a question arose as regards payment of interest on the gratuity amount to be paid to the petitioner or not. The petitioner recovered his Provident Fund dues to the tune of Rs. 3,01,368/ -. He also recovered his V. R. S. amount of Rs. 4,25,242/ -. So far as the gratuity amount is concerned, the same has been deposited by the company by an order of the competent






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