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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Sk. Yeasin Ali – Appellant
Versus
State of West Bengal – Respondent
Judgment :
Shampa Dutt (Paul), J.
1. The writ application has been preferred praying for direction upon the respondent no. 2 being the appellate authority to set aside and quash the impugned order passed on June 9, 2023, in Case No. GA-06/2022 and direct the 2nd respondent to hear and dispose of the said case in accordance with law within a specified time frame.
2. The petitioner's case in short is that the petitioner is an ex-employee of the respondent no. 4 who after 42 years of continuous unblemished service was not paid his due gratuity forcing him to file an application for direction before the 3rd respondent which was disposed of on contest on December 27, 2021 which was appealed by the private respondent before the 2nd respondent who passed the impugned order dated June 09, 2023 in violation of the Act, 1972 which leads to the petitioner to approach before this Court.
3. Vide the impugned order, the respondent no. 2 being the appellate authority under Payment of Gratuity Act, 1972 wherein it is stated that :-
“After hearing the appellant and the opposite party and after going through availabordssed frulings the Controlling Authority, I am recording my decision here under :
The dat
Gratuity eligibility requires continuous service, which cannot be claimed during periods of non-work, as evidenced by documentary proof.
The main legal point established is that entitlement to gratuity under the Payment of Gratuity Act, 1972 is contingent upon fulfilling the statutory requirement of continuous service of 240 days per ....
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