Authority: Calcutta High Court (Bench of Justice Shampa Dutt (Paul))
Order Date: 21 May 2026
Case Overview
- Petitioners: Bharat Sanchar Nigam Ltd. (BSNL) & Anr.; Respondents: Learned Controlling Authority, Kolkata; Assistant Labour Commissioner (Central) – II & Others.
- The petition challenges an order dated 06 March 2026 by the Deputy Chief Labour Commissioner (Central), Kolkata, an Appellate Authority under the Payment of Gratuity Act, which rejected BSNL’s appeal for exemption from depositing the gratuity amount before filing an appeal.
- BSNL, a Government of India enterprise, sought exemption from the mandatory deposit requirement, arguing its status.
- The Court heard counsel Anil Kr. Gupta and Yogesh Kr. Sharma for the petitioners.
Order Details
- The Court, acknowledging the mandatory statutory provision, directed that BSNL may file the appeal if it furnishes a bank guarantee for the gratuity amount required to be deposited.
- Upon furnishing the guarantee, the Appellate Authority shall admit and hear the appeal in accordance with law.
- The order dated 17 September 2025 issued by the Controlling Authority is stayed pending disposal of the appeal.
- If BSNL fails to provide the bank guarantee within 30 days from the date of this order, the stay will automatically be vacated, allowing the authority to proceed as per law.
- An urgent photostat certified copy of this order may be supplied to the parties after completion of necessary formalities.
Final Outcome
- BSNL’s appeal will be admitted contingent upon submission of a bank guarantee; the earlier Controlling Authority order is temporarily stayed, subject to the 30‑day guarantee condition.
Topics: Gratuity Law, Court Relief, Government Enterprise