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RAJA BASU CHOWDHURY
Abdul Khalil Khan @ Ab Khalil Khan – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
RAJA BASU CHOWDHURY, J.
1. Two writ applications, one filed by the Delta Limited challenging an order dated 3rd September, 2021 whereby the appellate authority under the Payment of Gratuity Act 1972, was, inter-alia, pleased to dismiss the said appeal on the ground of limitation and the other writ application being WPA 4121 of 2021 filed by the workman concerned, inter-alia, praying for execution of the certificate issued by the controlling authority under the Payment of Gratuity Act, 1972, through the certificate officer having jurisdiction are taken up for consideration together.
2. Records would reveal that the petitioner in WPA 4121 of 2021 (hereinafter referred to as the “workman”) was engaged by Delta Limited (hereinafter referred to as the “company”) on 10th January, 1966.
3. It is the contention of the workman that the workman was a permanent employee under the company and had attained the age of superannuation on 21st February 2005. Thereafter following his superannuation sometimes on or about 25th March 2005, provident fund accumulation was disbursed in favour of the workman. After a lapse of more than a decade from the date of superannuation, the workman had filed
The right to appeal under section 7(7) of the Payment of Gratuity Act, 1972 is a statutory right that cannot be taken away by the failure to serve notice in Form 'R'.
Forfeiture of gratuity under Section 4(6) of the Payment of Gratuity Act, 1972 requires a co-relation between the exception and the extent of loss or damage suffered by the employer.
The main legal point established in the judgment is the interpretation of the statutory provisions under Section 7 of the Payment of Gratuity Act, 1972, and the legal principles related to the issuan....
The availability of an alternate and efficacious remedy under the statutory provisions and the non-mandatory nature of the requirement of filing a written application for gratuity under Rule 7 of the....
Interpreting Act unequivocally indicate that payment of gratuity would not depend upon employee filing an application before employer demanding gratuity but will have to be paid immediately on cessat....
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