- (1.) Arabinda Chatterjee, Learned Senior Counsel appears for the writ petitioners-Company and assails in this writ petition the order of attachment of the bank account of the writ petitioners pursuant to certificate granted by the Certificate Officer, South 24- Parganas directing compliance of payment of a gratuity amount of Rs. 3, 69,231/- by the Controlling Authority (for short CA) under the Payment of Gratuity Act, 1972 (for short the 1972 Act) in favour of the respondent no. 6 along with applicable interest. Sri Chatterjee submits that the award of gratuity by the CA was ex parte. Against such award the writ petitioner no. 1/Company preferred a review application under Rule 11 sub-rule 5 of the Payment of Gratuity Rules, 1972 (for short the 1972 Rules).
(2.) According to Sri Chatterjee, admittedly such review application is pending. Sri Chatterjee points out that the principal amount awarded by way of gratuity being Rs. 3, 69,231/- taking the service of the petitioner to be effective till 1st of April, 2009 is de hors the statute since Section 4 Sub-Section 3 of the 1972 Act provided for the maximum payment of gratuity of Rs. 3,50,000/- till 24th of May, 2010, on which date Section 4 Sub-section 3 of the 1972 Act was amended for gratuity to be paid upto the maximum ceiling of Rs. 10,00000/-. Therefore, according to Sri Chatterjee, by the own showing of the writ petitioner since the petitioner claimed to have worked upto 1st of April, 2009, no gratuity could be receivable by him beyond the statutory limit of Rs. 3,50,000/-. Sri Chatterjee pleads urgency on the ground that in spite of such statutory violation in the award of gratuity in favour of the respondent no. 6, the petitioner no. 1/Company is suffering the order of attachment of its bank account which has resulted in nondisbursement of salaries of its employees as well as other business activities. Appearing for the respondent no. 6, Sri Amitava Das, Learned Counsel points out to page 60 of the writ petition which is the order-sheet of the Certificate Officer, South 24-Parganas, Alipore. Sri Das submits that the petitioner no. 1/Company had agreed to pay the total amount of gratuity of Rs. 7, 33, 289/- inclusive of interest.
(3.) It is further submitted by Sri Das that the order of attachment of the Certificate Officer is appealable under the 1972 Act. Therefore, this writ petition is liable to be dismissed in limine on the ground of alternative remedy. Having heard the parties and considering the points raised, this Court admits the writ petition on the point of statutory violation raised by Sri Chatterjee qua the amount of gratuity granted in favour of the respondent no. 6 as on the date due. However, this Court directs that pending the final adjudication of this writ petition the Respondent Bank shall issue a Pay Order in favour of the Respondent no. 6 from the Account in issue of the petitioner no. 1/Company the sum of Rs. 7,00,000/- by and within the 7th of September, 2016. On issuance of such draft, the order of attachment dated 23rd of August, 2016 shall stand automatically lifted in default the order of attachment shall continue until further orders. Let affidavit-in-opposition be filed within two weeks from date; reply thereto, if any, within one week thereafter. Liberty to mention after the period granted to file affidavits is complete. All parties are directed to act on a communication of this order. Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all necessary formalities.;