NATIONAL TEXTILE CORPORATION LIMITED Vs. SANJAY SENGUPTA
LAWS(CAL)-2014-2-67
HIGH COURT OF CALCUTTA
Decided on February 12,2014

NATIONAL TEXTILE CORPORATION LIMITED Appellant
VERSUS
Sanjay Sengupta Respondents

JUDGEMENT

- (1.) The quantum of the amount that the writ petitioner is required to deposit under Section 7(7) of the Payment of Gratuity Act, 1972 is the subject matter of consideration in this writ petition.
(2.) The controlling authority under the Payment of Gratuity Act, 1972 in a proceeding under Section 7 of the said Act of 1972 held that the private respondent is entitled to the payment of gratuity alongwith interest. The writ petitioner was held liable to pay Rs.6,04,436.00/- as gratuity and Rs.2,46,811/- as interest aggregating to Rs.8,51,247/-.
(3.) The writ petitioner before the authority did not admit any amount to be payable as gratuity and, accordingly, the controlling authority has proceeded to determine the said matter under Section 7(4)(b) and determined the said amount under Section 7(4)(c) of the said Act. The order also records that the petitioner neither paid the gratuity amount to the private respondent, nor deposited the admitted amount of gratuity with the controlling authority as required under sub-section (4)(a) of Section 7 of the said Act of 1972 in time on justified ground and no permission whatsoever had also been obtained from the controlling authority for the delay in depositing the gratuity amount.;


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