IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction APPELLATE SIDE Present:

The Hon’ble Justice Shampa Dutt (Paul)

WPA 15908 of 2019 MSTC Ltd.

Vs.

Malay Sengupta & Ors.

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

Ms. Noelle Banerjee, Mr. Dipak Dey, Ms. Sucheta Mitra.

For the Respondents : None.

Hearing concluded on : 27.02.2025 Judgment on : 25.03.2025 Shampa Dutt (Paul), J.:

1. The present writ application has been preferred praying for direction upon the respondents to recall the order dated 30th April, 2019 passed by the respondent no. 2, being the Deputy Chief Labour Commissioner (Central), Kolkata and Appellate Authority under Payment of Gratuity Act, 1972.

2. The petitioner’s case in short is that the respondent no. 1 was a presidential appointee on the Board of Directors of the writ petitioner company. While being so appointed, he was governed by the conduct, discipline and appeal Rules, 1980 of MSTC Limited.

3. On 20th April, 2009, the respondent no. 1 while holding the post of CMD of MSTC Limited was issued a memorandum of charge sheet for initiation of major penalty proceeding. The charges were of serious nature involving imports of scrap made at a higher cost