CALCUTTA HIGH COURT
Raja Basu Chowdhury, J
Bramha Gopal Roy – Appellant
Versus
The Birbhum District Central Co-operative Bank Ltd. – Respondent
| Table of Content |
|---|
| 1. employer's obligation to timely disburse gratuity. (Para 1 , 5) |
| 2. claims of delay by the employee do not negate statutory rights. (Para 2 , 3 , 9) |
| 3. court directs payment of interest on delayed gratuity and leave encashment. (Para 4 , 10 , 11) |
1. The petitioner was an employee of Birbhum District Central Co-operative Bank Limited. According to the petitioner, after successfully serving at the Birbhum District Central Co- operative Bank Limited (in short, the “bank”) for 38 years retired on 30th November, 2014. According to the petitioner, although, the respondents were obliged to disburse the retiral dues including the gratuity due to the petitioner immediately upon the same having become due, the same was delayed and was ultimately disbursed on 11th February, 2019. Insofar as leave encashment and arrear salary are concerned, the same were disbursed on 20th July, 2019. According to the petitioner, the Bank was obliged to disburse the gratuity and other retiral benefits immediately on his retirement which had not been done in this case. The petitioner had subsequently made a representation to the respondent No. 5 for disbursal of interest on account of delayed paym
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