Authority: Calcutta High Court (Division Bench)
Order Date: 20 May 2026
Case Overview
- Petitioners: Bharat Sanchar Nigam Ltd. (BSNL) & Anr., represented by counsel Mr. Anil Kr. Gupta and Mr. Yogesh Kr. Sharma.
- Respondents: The Learned Controlling Authority, Kolkata; Assistant Labour Commissioner (Central) – II; and others.
- The dispute arises from an order dated 18 March 2026 issued by the Deputy Chief Labour Commissioner (Central) at Kolkata, an Appellate Authority under the Payment of Gratuity Act, which rejected BSNL’s appeal for exemption from the mandatory deposit of the gratuity amount because BSNL had not deposited the amount nor produced a certificate.
- BSNL, a Government of India enterprise, contended that it should be permitted to file the appeal without making the deposit, seeking exemption under the law.
Final Outcome
- The Court directed that BSNL may furnish a bank guarantee for the amount required to be deposited; upon furnishing the guarantee, the Appellate Authority shall admit the appeal and hear it in accordance with law.
- The order dated 22 September 2025 passed by the Controlling Authority is stayed pending disposal of the appeal.
- If BSNL fails to furnish the bank guarantee within 30 days from the date of this order, the stay shall automatically be vacated, and the Controlling Authority may proceed as per the law.
- An urgent certified copy of the order may be supplied to the parties after completion of formalities.
Topics: Gratuity Law, Government Enterprise, Labour Appeal