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 FMA 959 of 2025 with CAN 01 of 2025 arising out of WPA 15908 of 2019 MSTC Limited Vs.

Malay Sengupta and Ors.

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

: Mr. Victor Chatterjee : Ms. Jayeeta Sengupta For the Respondent No. 1 : Mr. Biplab Ranjan Bose Heard on : 28/10/2025 Judgment on : 10/12/2025 Rai Chattopadhyay, J. :-

1. In this intra-Court appeal, the appellant/company has challenged a judgment of the Hon‟ble Single Judge dated March 25, 2025, in WPA 15908 of 2019, raising question as to the legality and propriety thereof, on the ground that it has actually erroneously upheld the applicability of the provisions of the Payment of Gratuity Act, 1972 in case of the respondent No. 1, who does not fall within the definition of „employee‟ as per the Act of 1972 and should be solely and exclusively subjected to the Conduct, Discipline and Appeals Rules, 1980 of the appellant/company (MSTC CDA Rules), provisions of which are binding on the said respondent.

2. Facts of the case are narrated in details in the judgment date