Authority: High Court at Calcutta (Constitutional Writ Jurisdiction)
Order Date: 21 September 2026
Case Overview
- Petitioner: Birendra Thakur, former employee of Calcutta Tramways Company (1978) Limited, now West Bengal Transport Corporation Limited (WBTCL).
- Respondents: State of West Bengal, WBTCL, and other officials.
- Background: Petitioner retired on superannuation on 30‑June‑2023. While other retirement dues were paid on time, provident fund (PF) dues were released only on 10‑January‑2024, causing a delay.
- Legal Issue: Whether the employer is liable to pay interest on delayed PF dues.
- Court’s Reasoning: The right to retirement dues, including PF, vests on the date of superannuation and is a statutory entitlement, not a discretionary bounty. Delay in payment obliges the employer to pay interest.
Final Outcome
- The Court directs the concerned authority of WBTCL to pay the petitioner simple interest at 6% per annum on the PF dues, calculated from the date of retirement (30‑June‑2023) to the actual date of payment.
- The interest must be paid within four months from the date of communication of this order.
- In case of default, the interest rate increases to 8% per annum (6% + additional 2%).
- The writ petition is disposed of.
- Parties may obtain an urgent photostat certified copy of the order upon compliance with requisite formalities.
Topics: Provident Fund, Interest on Delayed Payments