DEBASISH KAR GUPTA,J. - (1.) This writ application is filed by the petitioner for releasing commuted value of pension, leave encashment and revised variable dearness relief arising out of his service under the respondent no. 2.
(2.) It is submitted by Mr. Chandi Charan De, learned counsel appearing on behalf of the petitioner that the aforesaid amounts have not been paid to the petitioner for the reason best known to the respondents. It is further submitted by him that the issue of non-releasing of terminal benefits to an employee of the respondent no. 2 or a portion thereof has already been decided by a judgment dated December 6, 2004 in the matter of Amal Kumar Biswas v. Deputy Chairman, Calcutta Dock Labour Board and Ors. (In Re : W.P. 18713(W) of 2004) . According to him, an appeal preferred in the above matter bearing no. MAT No. 725 of 2005 was dismissed by a Division Bench of this Court by an order dated January 11, 2007. It is also submitted by him that a Special Leave Application filed by the respondent authorities against the above judgment bearing SLP (Civil) No. 8026 of 2007 (In Re : Deputy Chairman, Calcutta Dock Labour Board and Ors. v. Amal Kumar Biswas) was also dismissed by the Hon'ble Supreme Court of India.
(3.) On the other hand, Mr. K.Pada Pal, learned counsel appearing on behalf of the respondents no. 1, 2 and 3, on instruction, submitted that the gratuity, provident fund dues and monthly pension have been released in favour of the petitioner. Inspite of repeated requests of this Court Mr. Pal fails to make any submission with regard to withholding the commuted value of pension, encashment of leave salary and revised variable dearness relief of the petitioner.;