DEBASISH KAR GUPTA,J. - (1.) This writ application is directed against order dated May 17, 2011 and the award dated July 7, 2011 of the controlling authority under the Payment of Gratuity Act, 1972 in respect of Gratuity Case No. 1/G/2007.
(2.) The date of hearing of the above gratuity case was fixed on May 17, 2011. The petitioner-company filed a petition dated May 16, 2011 (Annexure - P6 at page 165 of this writ application) before the respondent No. 1 praying for an adjournment of hearing on the above date on the grounds mentioned in the above petition. On May 17, 2011, the above matter was taken up by the respondent authority and the following order was passed: "As was decided in the last hearing/arguments held on 20.04.11 that if the O.P. fails to appear on 17.05.11 ex parte arguments/hearing would be completed on that date. Today (17.05.11), the O.P, M/s. Hukumchand Jute Mills did not attend. So I took ex parte decisions today (17.05.11) as the O.P. was an previous occasions several times tried to linger the proceedings by taking times/dates just by submitting an application even on the date fixed for proceedings all that are recorded in the note sheet. During the proceedings it is recorded even by the witness presented by the O.P. that the applicant Sri Sambhunath Mitra joined in the year on 31.05.1965 and became permanent on 16.10.1972 and was superannuated on 17.11.2005. He submitted a wage slip where it reveals that his gross salary is Rs. 2425.30 for 96 hours therefore per day salary of S.N. Mitra is Rs. 202.10 during his retirement i.e. 17.11.2005."
(3.) Thereafter on July 7, 2011, the respondent No. 1 declared the award in the above matter directing the petitioner-company to pay a sum of Rs. 1,00,044.65p. only to the respondent No. 3 together with simple interest @ 10% per annum for the period from the date gratuity became payable to the employee till the date of its actual payment.;