Authority: Calcutta High Court (High Court at Calcutta, Constitutional Writ Jurisdiction, Appellate Side)

Order Date: 22/07/2026

Case Overview

  • Petitioner: Niladri Bhattacharjee, represented by Advocates Srinjay Sengupta, Saurav Roy, Ankush Ghosh, Prasenjit Jana, etc.
  • Respondents: West Bengal Transport Corporation Limited (formerly Calcutta Tramways Company (1978) Ltd) represented by Advocate Anindya Basu and others; State of West Bengal represented by Advocate Avik Biswas.
  • Case Number: WPA/16559/2026; Reference AD/42/18 266312 NANDY (UO‑DO).
  • Background: The petitioner retired on superannuation from Calcutta Tramways Company (now WBTC) on 31 December 2024. While other retirement dues were paid on time, the statutory provident fund (PF) dues were released only on 13 March 2026, creating a delay of over 14 months.
  • Legal Issue: Whether the employer (WBTC) is liable to pay interest on delayed PF dues under statutory retirement rights.

Court Findings & Directions

1. The right to receive retirement dues on the date of superannuation is a statutory entitlement; delay entitles the employee to interest.

2. The employer failed to disburse PF dues on the due date and therefore must compensate the petitioner with interest.

3. The Court directs the concerned authority of WBTC to pay simple interest at 6% per annum on the PF amount, calculated from the next date of retirement (31 Dec 2024) up to the actual date of payment.

4. The interest must be paid within four months from the date of communication of this order.

5. In case of default in paying the stipulated 6% interest, an additional simple interest of 2% (total 8% per annum) will be levied on the PF dues.

6. The writ‑petition is disposed of.

7. An urgent photostat certified copy of the order may be supplied to the parties upon compliance with requisite formalities.

Final Outcome

  • The Court orders WBTC to pay the petitioner simple interest at 6% per annum on the delayed PF dues, with a penalty clause of an extra 2% if the interest is not paid as directed. The petition is dismissed, and the order is to be complied with within four months.

Topics: Provident Fund, Interest Award, Retirement Benefits