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

The Hon’ble Justice Shampa Dutt (Paul)

WPA 25455 of 2024 Hooghly Infrastructure Pvt. Ltd.

Vs Anandi Rajak & Ors.

For the Petitioner : Mr. Soumya Majumder, Sr. Adv.

Mr. S.K. Singh, Mr. R.K. Dubey.

For the State : Mr. Dipanjan Datta, Sr. Adv.

Mr. Soumen Chatterjee.

Hearing concluded on : 10.02.2025 Judgment on : 04.03.2025 SHAMPA DUTT (PAUL), J. :

1. The present writ application has been filed praying for direction upon the respondents not to give further effect orders dated 18.05.2016 and 31.05.2024, passed by the Controlling Authority and the Appellate Authority under the Payment of Gratuity Act, 1972.

2. The petitioner’s case is in short is that the Respondent No. 1 was engaged in Petitioner Company as a Badli worker on 07.03.1976.

The Respondent No.1 got his provident fund membership only on 04.11.1981. The Respondent No.1 attained his age of superannuation on 06.08.2009 as Badli itself. Throughout this period i.e., 07.03.1976 to 06.08.2009 the respondent no.1 worked as badli employee i.e., in place and stead of permanent employees, who are absent for any reason whatsoever. The certified standing orders