Puspen Roy vs State Of West Bengal & Ors

Amrita Sinha, J

The Court:-Pursuant to order dated 14th December, 2018 passed by this Court in the earlier writ petition being WP No.539 of 2018 filed by the petitioner the Managing Director of the Company has opined that there is no justification to withhold the terminal benefit in respect of the deceased employee. The Managing Director of the Company ordered that terminal benefit and other service benefit, if any, lying due shall be released to the legal heirs of the deceased subject to production of the legal heirship certificate issued by the competent authority within a period of one month.

The aforesaid order was passed by the Managing Director of the Company on 16th January, 2019.

The petitioner complains that the said order has not been implemented till date.

Pursuant to the direction passed by this Court, Provident Fund and Gratuity which were due and payable in favour of the deceased employee were disbursed in favour of the heirs in proportionate shares.

The petitioner submits that leave encashment, salary of the period for which the employee was under suspension and interest on account of the delayed payment of the retiral dues are still due and pending.

Learned advocate representing the Company submits that due to shift of the office of the Company records of the deceased employee are missing. The records can be reconstituted subject to the petitioner producing document in support of his case.

The learned advocate for the petitioner submits that the relevant documents of the deceased employee were already annexed to the earlier writ petition which was filed by the petitioner and some of the documents are annexed with the instant writ petition. Learned advocate also submits that he is ready and willing to produce available documents of the deceased employee, if required by the respondent authority for the purpose of disbursal of the dues of the deceased employee.

As the Managing Director of the Company has already taken a decision to release the terminal benefits of the deceased, the instant writ petition is disposed of by directing the Managing Director of the Company being the respondent no. 4 herein to take steps to implement the order that was passed by him on 16th January, 2019.

The Managing Director of the Company had already taken note of the fact that no departmental proceeding was ever initiated against the deceased employee and the charges levelled against the employee could not be proved within 17 years. A criminal case was pending on the date of death of the employee.

The Managing Director of the Company shall take immediate steps to reconstruct the service record of the deceased employee and disburse all amounts that are due and payable to the employee on account of leave encashment, salary for the period he was under suspension and subsistence allowance, if any.

The Managing Director of the Company shall also pass necessary orders for payment of interest on account of delayed payment of the terminal dues and service benefits of the deceased employee, strictly in accordance with the relevant Rules/guidelines/circular in the matter. The dues of the employee shall be disbursed within a period of four months from the date of communication of a copy of this order.

W.P.No.564 of 2019 is disposed of.

Urgent photostat certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.