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2023 Supreme(Cal) 1081

RAJA BASU CHOWDHURY
Gautam Sarkar – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioners: Mr. Soumya Majumdar, Mr. Arnab Dutta.
For the Respondents: Mr. Avishek Prasad, Mr. Sudipta Dasgupta, Mr. Arka Nandi, Ms. Dipa Acharyya, Mr. Saikat Sutradhar, Mr. Somdwip Sutradhar, Ms. Shalini Ghosh.
.

JUDGMENT :

Raja Basu Chowdhury, J.

1. Two separate writ applications have been filed on behalf of Aditya Birla Vani Bharati School (hereinafter referred to as the “school”). In the first writ application, the school has challenged the order dated 20th February 2023 passed by the Certificate Officer in Certificate case no. 197 (M) of 2021-2022 as also the order dated 25th February 2020 passed by the Controlling authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as the “said Act”). The first writ application has been filed through the principal of the school, who is also the secretary of the managing committee of the school.

2. The second writ application has been filed by the managing committee of the school, challenging the self-same orders, although, the grounds of challenge in the second writ application is different from the first. The respondent no. 4 in both the aforesaid writ applications is Gadadhar Paul (hereinafter referred to as the “teacher”), who admittedly was a teacher of the school and had served school for the period between 1968 and 2006.

3. Since both the writ applications raise common questions, those are taken up for hearing together.

4. Altho

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