Sambuddha Chakrabarti, J. - (1.) The petitioner is a retired employee of Andrew Yule and Company Limited, a Government of India Enterprise, i.e., the respondent no. 3 herein. In the year 2006 a disciplinary proceeding was initiated against the petitioner by the respondent company. At the enquiry the petitioner was found guilty and the disciplinary authority imposed the penalty of compulsory retirement.
(2.) The respondent company released the provident fund accumulation in favour of the petitioner but did not release the benefits of gratuity and pension. The petitioner filed a case before the appropriate authority for release of gratuity. By an order, dated April 30, 2008, the controlling authority under the Payment of Gratuity Act found the claim of the petitioner to be genuine and directed the company to pay a sum of Rs. 3,49,925/- along with simple interest at the rate of 10% to the petitioner within a period of 30 days.
(3.) Thereafter the petitioner requested the company to release the pension since the year 2006 which was denied by the company by its letter, dated February 18, 2009. The petitioner filed a civil suit in the City Civil Court at Kolkata. However, on an application filed by the company the plaint was rejected by an order, dated February 13, 2012. Thereafter, the petitioner made several representations to the company for releasing the pension and the company continued to deny the same.;