IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION

APPELLATE SIDE

Present:

The Hon’ble Justice Lanusungkum Jamir

And

The Hon’ble Justice Rai Chattopadhyay

MAT 614 of 2025

Calcutta Jute Manufacturing Company

Vs.

Dwarika Yadav and Ors.

For the appellant : Mr. Soumya Majumder, ld. Sr. Adv.

: Mr. S.K. Singh : Mr. R.K. Dubey

For the respondent No. 1 : Mr. R. Guha Thakurta

: Ms. S. Sengupta

Heard on : 28/10/2025 Judgment on : 04/12/2025

Rai Chattopadhyay, J. :-

1. A judgment of the Hon‟ble Single Judge dated March 28, 2025 in

WPA 28594 of 2022 is under challenge in the instant appeal. The subject matter of the lis concerns with the period of continuous service of the respondent No. 1/the workman, with the appellant/company and the amount of gratuity actually payable to him. The judgment of the Hon‟ble Single Bench as above is that of reversal of the order of the Appellate Authority under the Payment

Of Gratuity Act, 1972 and affirming the order of the Controlling Authority in this regard.

2. The instant appeal deals with the issues inter alia that, whether the Writ Court is justified to put the appellant to a worse off position even though the order which the appellant has challenged before the Wri