Debasish Sengupta vs State of Tripura

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Tri) 218

ARINDAM LODH
Debasish Sengupta – Appellant
Versus
State of Tripura – Respondent

Advocates appeared:
Mr.S. Datta, Advocate., for the Petitioner; Mrs. S. Deb, Mr. P. Gautam, Advocates., for the Respondent

Table of Content
1. details of petitioner's service and gratuity claim (Para 1 , 2 , 3)
2. citing precedent for gratuity claims (Para 4)
3. analysis of the payment of gratuity act, 1972 (Para 6 , 7 , 8 , 9 , 10 , 11)

JUDGMENT

1. Heard Mr. S. Datta, learned counsel appearing for the petitioner. Also heard Mrs. S. Deb, learned counsel appearing for the State-respondents and Mr. P. Gautam, learned counsel appearing for the respondent nos. 2 to 5.

2. By way of filing the present writ petition, the petitioner has prayed for the following reliefs:-

'In the premises whereof it is humbly prayed that Your Lordship would graciously pleased to-

(i) Admit the petitioner;

(ii) Call for the records;

(iii) Issue Rule calling upon the Respondents to show cause as to why the petitioner shall not be allowed/released the arrears of Gratuity amount as entitled to under the Payment of Gratuity Act,1972 in terms of maximum ceiling to Rs.20.00 lakhs as came into force w.e.f. 29.03.2018 along with compound rate of interest @ 9% per annum in favour of the petitioner. '

3. Briefly stated, the petitioner was appointed in the post of Field Supervisor on 02.09.1991 by the Tripura Scheduled Tribe/Scheduled Caste (ST/SC) C