Sashi Mohan Das And Ors. vs State Of Tripura And Ors.

[1] All these petitions being WP(C) No. 572 of 2017 [Sri Sashi Mohan Das v. State of Tripura & Ors.], WP(C) No. 576 of 2017 [Smt. Subha laxmi Debbarma v. State of Tripura & Ors.], WP(C) No. 577 of 2017 [ Smt. Mina Bhattacharjee v. State of Tripura & Ors.], WP(C) No. 578 of 2017 [Sri Narayan Ch. Das v. State of Tripura & Ors.], WP(C) No. 579 of 2017 [Smt. Sabita Majumder v. State of Tripura & Ors.], WP(C) No. 580 of 2017 [Prava Das v. State of Tripura & Ors.], WP(C) No. 581 of 2017 [Sri Chandan Das v. State of Tripura & Ors.], WP(C) No. 582 of 2017 [Sri Bikash Ch. Das v. State of Tripura & Ors.] and WP(C) No. 583 of 2017 [Sri Mukunda Ch. Paul v. State of Tripura & Ors.] are consolidated for disposal by a common judgment inasmuch as admittedly the petitioners have retired from Tripura Khadi and Village Industries Board but their gratuity has not been paid in terms of the amendment that has been carried out in Section-4(3) of the Payment of Gratuity Act, 1972 whereby the maximum limit of the gratuity has been enhanced to Rs. 10,000,00/- (rupees ten lakhs) and it has not been disputed by the respondents that in terms of the pre-amended provision of Section 4(3) of the Payment of Gratuity Act, 1972, the petitioners have been paid their gratuity.

[2] Heard Mr. P. Maishan, learned counsel appearing for the petitioners as well as Mr. T. D. Majumder, learned G.A. appearing for the respondents.

[3] Mr. Maishan, learned counsel appearing for the petitioners has submitted that these cases are squarely covered by a previous judgment and order of this Court delivered in Sri Subir Kumar Lodh v. State of Tripura and Others [the common judgment and order dated 29.11.2016 delivered in WP(C) No. 833 of 2016 and others].

[4] Mr. T. D. Majumder, learned G.A. appearing for the State-respondents has fairly submitted that the previous decision in Subir Kumar Lodh (supra) squarely covers these petitions. Section 7(3) of the Payment of Gratuity Act mandates the employer to pay the amount of gratuity within 30 (thirty) days from the date when it becomes payable to the person to whom the gratuity is to be paid. If the said amount is not paid within the specified period in terms of Section-7(3A), the employer is bound to pay from the date on which the gratuity becomes payable to the date on which it is paid, simple interest at such rate, not exceeding the rate notified by the Central Government from time to time for repayment of long term deposit, as that government may, by notification specify.

[5] However, no interest would be payable if the delay for the payment is due to the fault of the employee and the employer has obtained permission in writing from the controlling authority for the delayed payment on this ground. In these cases, the delayed payment cannot be attributed to the petitioners. The principal respondents, the respondents No. 2 and 3 despite the receipt of the notice, preferred not to appear before this Court. This Court therefore is of the opinion that since the said judgment (Subir Kumar Lodh v. State of Tripura & Ors.) squarely covers these writ petitions, all these writ petitions may be allowed and disposed of with a following observation and direction:

Having regard to the submissions made by the learned counsel and the amended provision of the Payment of Gratuity Act as referred above, the respondents are directed to recalculate the gratuity of the petitioners having the maximum at Rs. 10,000,00/- in view of the amended provision of Section 4(3) of the Payment of Gratuity Act and after adjusting the amount that has already been paid, the remainder of the gratuity shall be paid to the petitioners from the date on which it fell due till the day of payment with interest @ 8% per annum. The payment shall be made within a period of 60 (sixty) days from day when the petitioner shall furnish a copy of this order to the Executive Officer of Tripura Khadi and Village Industries Board, Agartala, the respondent No. 3 herein without fail.

It is ordered accordingly. There shall be no order as to costs.