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

The Hon’ble Justice Shampa Dutt (Paul)

WPA 3628 of 2025 Food Corporation of India Vs.

Union of India & Ors.

For the Petitioner : Mr. Devajyoti Barman.

For the Respondent nos. 1 to 3 : Mr. Brijendra Pratap Singh, Mr. Avinash Kankani.

Hearing concluded on : 06.05.2025 Judgment on : 19.05.2025 SHAMPA DUTT (PAUL), J. :

1. The present writ application has been preferred against an order passed by the Appellate Authority under the Payment of Gratuity Act 1972 and Deputy Chief Labour Commissioner (Central) at Asansol, West Bardhaman, West Bengal in Appeal No. PG-

15/2024-E on 17.09.2024.

2. The said Appellate Authority was considering an appeal preferred against an order of the Controlling Authority who had directed as follows:-

“……..The applicant submitted during the hearing that he has joined in FCI on 08.01.1988 and superannuated on 30.09.2020 after rendering 33 years of continuous service but, he has not yet received the gratuity in spite of submission of claim on 07.01.2021. Therefore, prayed for payment of gratuity in his favour. The applicant submitted copies Form-16, Form-26AS, Bank Statement and EPFO Statement to prove the last salary paid by the employer (FCI).

The Employer submitted that the applicant was „No Work No Pay Worker‟ and not the „Permanent worker‟ therefore, not entitled for gratuity. However, as per direction of this Authority they have submitted written statement in respect of the applicant showing date of Joining/absorption of applicant as NWNP Labours on 27.07.2001. The date of superannuation mentioned by the employer in the Written Statement is 30.09.2020. The employer in his reply also admitted that the last salary drawn by the worker was Rs.45886/- (Basic Rs.18600+DA

27286)…..”

3. The Appellate Authority vide an order dated 31st January, 2023 upheld the order of the Controlling Authority.

4. Being aggrieved the petitioner approached the High Court in WPA

28432 of 2023 wherein vide order dated 08.04.2024, the Court permitted the petitioner to adduce additional evidence in respect of the requirement of the workman having put in 240 days in a year continuously for 5 years.

5. The Appellate Authority on rehearing the appeal, on the direction of the High Court, noted as follows:-

“………The Appellant submitted appeal petition to this office on 29/05/2024 and accordingly notices were issued to both the parties and hearing made on 24/06/2024, 26/07/2024, 20/08/2024 and finally concluded on 10/09/2024. Even after repeated requests no additional evidence/documents were made available by the parties. At last, the FCI management has submitted a list of the workers who has worked in their establishment year wise which has not been contested by the respondent who has worked in their establishment year wise which has not been contested by the respondent employee…..”

And finally directed as follows:-

“Accordingly, the additional gratuity is determined as under:

Last wages drawn: Rs. 45886.00(Basic: Rs.

18600.00, DA: Rs. 27286.00)

Wages per day: Rs. 45886.00/26= Rs. 1764.85 No. of days gratuity entitled: 07x15=105 days Gratuity amount: Rs. 1764.85x105=Rs. 1,85,309.00 (Rupees One Lakh eighty five thousand three hundred and nine only).

However, both the parties have not been able to clarify whether this gratuity has already been paid to the employee as a part of earlier gratuity payment……….”

6. The present writ has been preferred contending that the chart submitted by the them shows that the workman did not put in 240 days of work in a year, for 5 years continuously and as such is not entitled to any gratuity as he does not meet the requirements under the law.

7. On perusal of the order referred to above, it is not clear as to what the Appellate authority meant while directing payment of additional gratuity and also its query “whether this gratuity has already been paid to the employee as a part of the earlier gratuity payment”

8. From the records there is nothing