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2022 Supreme(Cal) 1478

HARISH TANDON, SHAMPA DUTT (PAUL)
Hooghly Mills Company Limited – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appellants : Mr. Partha Sarathi Sengupta, Sr. Adv., Mr. Shyamal Sarkar, Sr. Adv., Mr. Bhaskar Mukherjee, Mr. Nafisa Yasmin.
For the Respondents: Mr. Narayan Chandra Bhattacharyya, Ms. Sujata Ghoh, Mr. Abhrajit Mitra, Sr. Adv., Mr. Soumya Majumder, Mr. Phiroze Edulji, Ms. Amrita Pandey, Ms. Anamika Pandey, Mr. Ghanshyam Pandey, Ms. Sneha Singh, Ms. Sabnam Farooqui, Ms. Sikha Kumari Kashyap, Mr. Bikash Shaw.

JUDGMENT :

Harish Tandon, J.

1. The instant appeal arises from an interlocutory order dated 29th January, 2021 passed by the Single Bench directing the appellants to pay the amount of gratuity accrued to the Respondent no. 7 on superannuation together with an interest within a specified time. Simultaneously, the liberty was also granted to the appellant to raise all points against the Respondent no. 6 towards the realisation of the said amount to be paid to the Respondent no. 7.

2. Though the order appears to be innocuous bearing in mind that the employee who superannuated has a legal right to receive the gratuity which is neither considered to be a bounty nor a bonanza but the statutory right which cannot be denied, but the interesting points have been raised by the appellants on the basis of the contract having entered into between the appellants and the Respondent no. 6 foistering upon the responsibility to pay the gratuity to the employees on superannuation whether in past, present or future. We thus invited the Counsels to canvas those points for better appreciation of the legal and/or contractual rights of the respective parties in relation to the payment of the gratuity under t

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