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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Sk. Safijaddin @ Sk. Sofijuddin – 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 21, 2023, in Case No. GA-05/2022 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 43 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 21, 2023 in violation of the Act, 1972, which leads to the petitioner to approach this Court.
3. Vide the impugned order, the respondent no. 2 being the appellate authority under Payment of Gratuity Act, 1972, held:-
“The date of joining of Sk Sofijuddin (Respondent 1) is 24/04/1973 as Budli worker. He was made permanent on 01/08/2010 and superannuated on 01/07/2012.
The dispute is regarding Budli period of ser
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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