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 of the company authorizes the company to engage ‘badli’ workman as substitute of a permanent workman who used to be on leave or absent i.e., during temporary vacancy caused by absenteeism.

3. On reaching the age of superannuation the Respondent No.1 applied for gratuity in Form "I" on 14.06.2012 and thereafter approached the Controlling Authority for computation as well as direction for payment gratuity in Form ‘N’ on 11.11.2012 alleging non-payment of gratuity and claimed a sum to the tune of Rs.

2,09,439.83p along with simple interest.

4. On 03.07.2013 the petitioner submitted their written statement against the application for gratuity before the Controlling Authority. The respondent no.1 also filed his rejoinder/reply on

13.08.2013 against the written statement filed by the petitioner.

5. It is submitted that the respondent no. 1 had not completed qualifying service of 5 years continuous service for 240 days, each year, to be eligible for gratuity under the Act. It is further pointed out that the respondent no. 1 has not produced any document to prove his stand of entitlement of gratuity or having worked for 240 days for a continuous period of 5 years.

6. Ultimately the Controlling Authority passed an order dated

18.05.2016, inter alia, directing the petitioner to pay gratuity for total period of service of 33 years amounting to Rs. 1,32,638/- along with interest for six years nine months Rs. 89,796/-, totalling to Rs. 2,22,434/-.

7. Being aggrieved by and dissatisfied with the order passed by the Controlling Authority, the petitioner filed an appeal before the Appellate Authority under the Payment of Gratuity Act, 1972, Barrackpore, North 24 Parganas on 10.11.2016.

8. At the time of filing of appeal the petitioner duly deposited the principal amount amounting to Rs. 1,32,638/- vide cheque no. 170062, dated 08.11.2016 drawn at AXIS BANK Ltd., Barrackpore Branch.

9. The petitioner was served with order dated 31.05.2024 under cover of notice dated 20.06.2024 in Form S. while passing the order dated 31.05.2024, the appellate authority upheld the order passed by the Controlling Authority.

10. The said order has been challenged in the present writ application.

11. On hearing the learned counsel for both parties and on perusal of the order passed by the Controlling Authority, it appears that the Controlling Authority held as follows:-

“………..Applicant had submitted following documents before the Controlling Authority in support of his claim.

a) Copy of ESI card. (Exhibit 1)

b) Copy of Identity card. (Exhibit 2)

c) Copy of retirement notice. (Exhibit 3)

d) Copy of wage tickets including available last wage slip.

(Exhibit 4)

e) Copy of P.F receipt slip. (Exhibit 5) f) Certificate by Employer. (Exhibit 6)

g) Copy of Form 'I' submitted to the O.P. (Exhibit 7)

Further O.P admit