Sadhan Kumar Gupta

( 1 ) THE writ petition has been filed against the Government Order No. 1084 I. R. dated 13. 6. 2001 whereby in purported exercise of the power under sub section 1 of Section 17 of the Working Journalists and other Newspaper employees (Conditions of Service)"and Miscellaneous Provisions Act, 1955, a certificate for recovery of the money was issued to the Collector, Calcutta, from the petitioner/company viz. M/s. Basumati Corporation Limited. The petitioner/company is paying gratuity to its employees as per provisions of the Payment of Gratuity Act and Rules made thereunder. The employees of the petitioner/company including the working journalists agreed to that and all along received payment of gratuity as per provisions of the said Act without raising any objection.

( 2 ) THE respondent No. 5 was an employee of the petitioner/company and he retired on 10. 1. 1994 and thereafter he was paid gratuity amounting to Rs. 48,829/- on 8. 3. 1994. Said amount was paid under the Payment of gratuity Act, 1972. But the said respondent No. 5 by his letter dated 29. 3. 1994 demanded further payment of gratuity under the Payment of gratuity Act, 1972. He also demanded further

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