2023 Supreme(Online)(CAL) 329
CALCUTTA HIGH COURT
Lapita Banerji, J
Amlan Kumar Talapatra – Appellant
Versus
The State of West Bengal & Ors. – Respondent
WPA 15546 of 2023
For the Appellants/Petitioners: Ms. Susmita Dey (Basu)
For the Respondents: Mr. Avishek Prasad, Mr. Amal Kumar Sen, AGP, Mr. Sabyasachi Mondal
Court emphasizes timely disbursement of employee provident fund dues and entitlement to interest on delayed payment.
Headnote:In accordance with the provisions of relevant labour statutes, the petitioner, an employee of the Calcutta State Transport Corporation, was denied full disbursement of provident fund dues. The court ordered the payment of Rs. 51,13,080/- with interest from the retirement date, concluding that non-payment constituted a breach of employee rights.
The petitioner being an employee of Calcutta State Transport Corporation (CSTC), was superannuated from his service with effect from July 31, 2022. Within one month from the date of his retirement the petitioner received 40% of his provident fund dues aggregating Rs. 34,09,000/-. The petitioner is aggrieved by the fact that 60% of his provident fund dues have not been disbursed till date.
Ms. Dey (Basu), learned counsel appears on behalf of the petitioner.
Written instructions handed over in Court today on behalf of the CSTC is retained with the records.
Mr. Sen, learned counsel appearing on behalf of CSTC submits that the petitioner is entitled to Rs.51,13,080/- being 60% of his provident fund dues.
2 In the light of the submissions made by the parties this Court directs a sum of Rs.51,13,080/- to be paid to the petitioner within three months from date of the order. The petitioner will be entitled to interest @6% per annum from August 1, 2022 (the date subsequent to the date of retirement) till such date when the dues are actually released to the petitioner.
With the directions aforesaid, WPA 15546 of 2023 is disposed of.
Since affidavits have not been invited in the present writ petition, the allegations made in the writ petition are deemed not to have been admitted by the parties.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.