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

The Hon’ble Justice Shampa Dutt (Paul)

WPA 28770 of 2024 Hooghly Infrastructure Pvt. Ltd.

C & C R Vs.

Sk. Alam Ismail & Ors.

For the Petitioner : Mr. S. K. Singh, Mr. R. K. Dubey.

For the State : Mr. Srinath Singha Roy.

For the Respondent : Mr. Uddipan Banerjee, No. 1 Mr. Subhra Kanti Samanta.

For the Sr. Govt. Adv. : Mr. Soumitra Bandyopadhyay.

Hearing concluded on : 07.03.2025 Judgment on : 18.03.2025 Shampa Dutt (Paul) , J.

1. The present writ application has been preferred praying for direction upon the respondents to cancel and set aside the orders dated 21.11.2023 and 18.09.2024, passed by the Controlling Authority and the Appellate Authority respectively under the Payment of Gratuity Act, 1972.

2. The petitioner‟s case is that the respondent no. 1 was engaged in petitioner‟s company as a Badli worker on 24.05.1978. The respondent no. 1 got his provident fund membership only in the year 1981. The respondent no. 1 attained the age of superannuation on 01.07.2015 as a Badli. Throughout this period i.e., 24.05.1978 to 30.06.2015 the respondent no. 1 worked as „badli‟ employee i.e., in place and stead o