YOUNG MENS CHRISTIAN ASSOCIATION OF CALCUTTA Vs. SWARAJ SIRCAR
LAWS(CAL)-2014-11-114
HIGH COURT OF CALCUTTA
Decided on November 27,2014

Young Mens Christian Association Of Calcutta Appellant
VERSUS
Swaraj Sircar Respondents

JUDGEMENT

JYOTIRMAY BHATTACHARYA, J. - (1.) THIS mandamus appeal is directed against an order passed by a Learned Single Judge of this Court on 19th September, 2014 in W.P. 24210(W) of 2014 whereby the writ petition filed by the appellants was dismissed by holding it as not maintainable. The writ petitioners/appellants were directed to pay the entire unpaid gratuity inclusive of cost of Rs.50,000/ - (rupees fifty thousand only) to the private respondent (worker) within a week from the date of the said order.
(2.) CHALLENGING the said order passed by the Learned Single Judge of this Court, the instant mandamus appeal was filed by the writ petitioners/appellants.
(3.) WE have heard the Learned advocates appearing for the parties. Since we are requested by the learned advocates of the parties for taking up this appeal on merit, we have considered the merit of this appeal by treating it as on the day's list. Considering the order impugned, we do not find any apparent illegality in the order as we find that the resignation, which was submitted by the respondent no.1 herein on 2nd April, 2012, was accepted by the writ petitioners/appellants on 12th April, 2012 and the respondent no.1 herein was allowed to resign with effect from 30th April, 2012.;


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