Mira Mukherjee vs State Of Tripura And Ors.

[1] Heard Mr. D. K. Daschoudhury, learned counsel appearing for the petitioner as well as Mr. K. Dutta, learned counsel appearing for the respondents No. 1 & 4, whereas Mr. T. Debbarma, learned counsel appearing for the respondents No. 2 & 3.

[2] By means of this petition, the petitioner has urged this Court for directing the respondents to pay the remainder of the gratuity which her husband who died in the harness was entitled to get with interest for the delayed payment.

[3] There is no dispute that the husband of the petitioner namely Nirmalendu Mukherjee, died in harness on 08.01.2015. Before his death he had completed 40 years of service and thus, he was entitled to get the full gratuity in terms of Section-4 of Payment of Gratuity Act, 1972 as amended by the Act-15 of 2010 by increasing the amount of gratuity payable to an employee to Rs. 10,00,000/-.

[4] In view of the amended provision, the husband of the petitioner namely Nirmalendu Mukherjee who died on 08.01.2015 was entitled to get the gratuity to the extent of Rs. 10,00,000/-. But the respondents particularly, the respondents No. 2 & 3 have paid a sum of Rs. 4,00,000/- only to the petitioner by the sanction memo dated 13.11.2015 (Annexure-1 to the writ petition). The remaining part of the gratuity has not been paid and no reason was even shown.

[5] Mr. T. Debbarma, learned counsel appearing for the respondents No. 2 & 3 has submitted that the matter has been taken up with the Administrative Department i.e. the Department of Industries and Commerce, Government of Tripura, Agartala as would be evident from the communication dated 27.01.2017 (Annexure-A to their reply).

[6] Mr. K. Dutta, learned counsel appearing for the respondents No. 1 & 4 has submitted that the petitioner should have waited for the decision of the respondent No. 4 who is the Controlling Authority, under Section 7 (4)(c) of the Payment of Gratuity Act, the Controlling Authority can make inquiry after giving the parties to the dispute a reasonable opportunity of being heard and determine the matter in dispute. If, as a result of such inquiry any amount is found to be payable to the employee, the Controlling Authority shall direct the employer to pay such amount or, as the case may be, such amount as reduced by the amount already deposited by the employer.

[7] The petitioner has given how her husband was entitled to the full amount of gratuity i.e. Rs. 10,00,000/- in para-4 of the writ petition which is reproduced hereunder:

"4. That, on the basis of above mentioned service particulars of late Nirmalendu Makherjee, ex-ADDO, the petitioner being his wife is entitled to gratuity under the provisions of the Act as follows:

(i) As per provision of explanation to sub-Section (2) of Section 4 of the Act 15 days wages is to be calculated as follows:

(ii) Monthly Basic Pay + DA divided by 26 and then multiplied the quotient by 15 which comes to Rs. 26,647.00/- (Rs. 46,188.00/- divided by 26 x 15)

(iii) Amount of gratuity payable to the petitioner comes to : Rs. 26,647.00 x 81 = Rs. 21,58,407/- subject to maximum of Rs. 10,00,000/- (Rupees ten lakh only)

(iv) Even, if the number of SMP is counted as 66, the amount of gratuity comes to Rs. 26,647/- x 66 = 17,58,702/- subject to maximum of Rs. 10,00,000/- (Rupees ten lakh only). Thus, in all cases, the petitioner is entitled to maximum gratuity of Rs. 10,00,000/-

(v) After deducting the gratuity of Rs. 4,00,000/- already paid, the petitioner is entitled to balance gratuity of Rs. 6,00,000/- (Rupees six lakh only) along with interest @ 12% per annum from the date of accrual till payment for delayed payment."

[8] The objection as raised by Mr. Dutta, learned counsel appearing for the respondents No. 1 & 4 cannot be sustained inasmuch as in reply to the said para-4, the respondents No. 2 & 3 did not dispute the amount of entitlement they raised no dispute in this regard. Unless there is any dispute, the Controlling Authority does not have any role in the matter. Since the amount is undisputed, the respondents are directed to pay the said amount to the petitioner within a period of 6 weeks from the day when the respondents shall receive a copy of this order through their engaged counsel, failing which, the said amount of Rs. 6,00,000/- shall carry interest @ of 9% till the realization.

Having held so, this writ petition stands allowed. There shall be no order as to costs. A copy of this order be furnished to the learned counsel appearing for the respondents for taking action in terms of the above.