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SOUMEN SEN
Murlidhar Ratanlal Exports Ltd. – Appellant
Versus
State of West Bengal – Respondent


Advocate Appeared:
For the Petitioner:P.B. Chowdhury, Amrita Pandey and Abhijit Pal, Advocates.
For the Respondents:Sandip Ghosh, Advocate.

JUDGMENT :

Soumen Sen, J. :

The Subject-matter of challenge in this writ petition are three several orders, namely, order dated 31st January, 2011, 10th October, 2012 and 25th July, 2013 passed by the respondent nos. 2, 3 and 4 respectively.

2. All the aforesaid order were passed in a proceeding initiated by the respondent no. 6 for recovery of his gratuity under the Payment of Gratuity Act.

3. Shorn of all facts, the facts relevant to the issue are stated hereinafter. The petitioner, the petitioner took over running and operation of Hooghly Mills Co. Ltd. from the erstwhile owners in terms of an agreement dated 21st June, 2007. The petitioner alleged that the petitioner was not aware of the service conditions and/or employment related issues of the Indian Jute Mills Unit of Hooghly Mills Co. Ltd. It was during the course of the proceeding arising out of the claim for recovery of gratuity, the petitioner became aware that the private respondent no. 6 was an employee of Hooghly Mills Co Ltd. and had joined service in the said mill on 31st October, 1960 as a badli workman and did not render continuous service in any year until 1974. The respondent no. 6 had rendered continuous service o

































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