Jayanta Kumar Biswas, J.@mdashThe petitioner in this WP under art. 226 dated August 21, 2012 is alleging that for undisclosed reasons the
respondents liable to pay him gratuity, leave salary, etc. and not disputing his entitlement and their liability have not paid the benefits. It is not
disputed that the petitioner retired from services of Calcutta Tramways Company (in short CTC) on May 31, 2011, and that CTC incurred an
obligation to pay him gratuity, leave salary, etc. on June 1, 2011. Nor is it disputed that CTC has not paid him the benefits.
2. Mr Deb Roy appearing for CTC submits that the petitioner was paid in excess of his entitlement; that the amount payable could not be paid for
acute financial crisis; and that for gratuity the petitioner had a remedy under s. 8 of the Payment of Gratuity Act, 1972. He has relied on an
unreported Division Bench decision dated March 27, 2012 in MAT No. 112 of 2012 (The Managing Director, CTC Ltd. & Ors. v. Munshi
Abdul Rouf & Ors.).
3. In my opinion, financial crisis, if any, of CTC is not a ground to say that it was or is entitled to withhold the petitioner''s gratuity, leave salary, etc.
It was under an obligation to pay the benefits on June 1, 2011. By withholding the benefits it has caused irreparable loss and harassment to the
petitioner. This is a litigation it has generated without any valid reason.
4. The plea that for gratuity the petitioner had a remedy under s. 8 of the Payment of Gratuity Act, 1972 is without any merit. Availability of a
statutory remedy such as the one under s. 8 of the Payment of Gratuity Act, 1972 is not a bar to seek the art. 226 remedy. Besides, the
petitioner''s entitlement to gratuity and liability of CTC to pay gratuity both are undisputed.
5. In my opinion, CTC should be ordered to pay the petitioner all the benefits to which he is entitled. The relied on Division Bench decision does
not entitle CTC to withhold the benefits or pay them in the manner it wishes. It is liable to pay interest. I think interest, if ordered at the rate of 7%
p.a., will be fair and reasonable. For these reasons, I dispose of the WP directing CTC to pay the petitioner gratuity, leave salary, etc. according
to law with interest at the rate of 7% p.a. from June 1, 2011, within four weeks from the date this order is served on it. No costs. Certified xerox.
