IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side Present:

The Hon’ble Justice Shampa Dutt (Paul)

WPA 2763 of 2025 Midnapur District Service cum Marketing & Industrial Cooperative Union Ltd.

Vs.

The State of West Bengal & Ors.

For the Petitioner : Mr. Dhiman Kumar Sengupta, Ms. Farhin Mustaque.

For the Respondent No. 7 : Mr. Indranil Nandi, Mr. Deba Prasad Samanta, Mr. Sayak Konar.

For the Respondent No. 3 : Mr. Ankit Sureka, Mr. Biplab Das, Mr. Partha Sarathi Pal.

For the Respondent : Mr. Ushanath Banerjee, Sr. (Spl.) GP Nos. 1 to 6 Mr. Debopriya Chatterjee.

Hearing concluded on : 19.05.2025 Judgment on : 23.05.2025 SHAMPA DUTT (PAUL), J. :

1. The present writ application has been preferred challenging an order dated 05.12.2024 passed by the Appellate authority confirming the order dated 10.03.2015 passed by the controlling authority holding that the Payment of Gratuity Act is applicable to the society and quashing of the Notice dated 20.12.2024 issued by the Controlling Authority & Assistant Labour Commissioner vide Memo No.

532/ALC/TAM/2024.

2. It is the contention of the petitioner that the order of the Controlling Authority is bad on the ground that only two issues were adjudicated.

3. It is further stated that the order of the appellate authority is bad in law as the authority has upheld the order of the Controlling Authority by only considering the said issues as decided by the Controlling Authority.

4. In the present case the Controlling Authority under Payment of Gratuity Act, 1972 (hereinafter referred to as the said Act) received from the employee, an application in form "N" dated 19.01.2011, filed under rule 10 of the West Bengal payment of Gratuity Rules, 1973 for a direction under section of the said act for Payment of Gratuity due to him from the Petitioner/Employer.

5. In this instant case, the Controlling Authority under the said act passed an order dated 10.03.2015 directing the O.P./Employer to pay gratuity amounting to Rs. 2,13,911.00 (Rupees Two Lakh thirteen thousand nine hundred & eleven) only to the respondent/applicant Rejaul Hoque, S/O Late Sk. Mokshad Ali of Vill.- Bar Padumbasan (Paschim Pally), P.O.- Tamluk, Purba Medinipur as payment of Gratuity including interest.

6. Being aggrieved an Appeal Case under the Payment of Gratuity Act, 1972 was preferred by the Petitioner, M/s Midnapur District Service Cum Marketing & Industrial Co- operative Union Ltd., before the Appellate Authority under the Payment of Gratuity Act, 1972, Haldia and the same was disposed of by the Appellate Authority by virtue of his order dated-23.09.2015 directing the instant petitioner to act as per the order of the Controlling Authority dated

10.03.2015 under the Payment of Gratuity Act, 1972.

7. The O.P./ Employer filed a Writ Petition [WP no. 30325(W)

of 2015] against the Order of the Appellate Authority before the High Court at Calcutta. The High Court, while disposing of the claim of the petitioner, had set aside the order of the Appellate Authority and directed the Appellate Authority to take a fresh decision in this matter. Thereafter, the Appellate Authority passed an order afresh on 05/12/2024 upholding the order of the Controlling Authority dated

10.03.2015.

8. The relevant findings of the Controlling Authority in its order dated 10.03.2015 are as follows: -

“The case of the applicant to put in brief is that he joined the O.P. establishment on 17.10.1974, as a General Assistant -Cum-Cashier and Superannuated on 31.01.2009, as a Manager in the said establishment. Last salary drawn by him was Rs. 6,780.50/- (Β.Ρ. 3307.50 +D.A. 3473) per month. He has not been paid any Gratuity. The applicant claimed amount Rs. 133002.00 as Gratuity i.e.

considering his length of service as 34 years.

O.P stated in his written statement that they (i.e. O.P/employer) never employed ten or more employees on any day of proceeding 12 months, nor even for the formation of the aforesaid society under the Societies Act. Applicant in his ex