Authority: Calcutta High Court, West Bengal
Order Date: 07 July 2026
Case Overview
- Petitioner: Subir Kumar Das, retired employee of Calcutta State Transport Corporation (CSTC), filed writ petition (WPA 4507 of 2026, case No. 151/CL) against the State of West Bengal & others, alleging receipt of only 20 % of his provident fund (PF) dues and belated payment of gratuity and leave encashment.
- The petitioner claimed statutory dues were delayed, seeking interest on the delayed amounts.
- The Court observed that an employer is duty‑bound to disburse PF, gratuity and leave encashment immediately upon retirement and that any delay is impermissible.
Directions
1. The Managing Director of CSTC is directed to release the full PF dues to the petitioner.
2. The amount shall attract simple interest at 6 % per annum calculated from the date of retirement (1 Oct 2025) to the date of actual payment.
3. The same 6 % simple interest applies to the gratuity and leave encashment amounts.
4. All amounts must be cleared within twelve weeks from the date of communication of this order.
5. If payment is not made within the stipulated period, an additional 2 % interest (total 8 % per annum) shall accrue from the retirement date to the date of actual payment.
6. In case CSTC lacks sufficient funds, the State authorities are directed to disburse the concerned amount to the petitioner.
Final Outcome
- The writ petition is disposed of with the above directions; the petitioner is entitled to receive the statutory dues with the specified interest, and the order is enforceable within the stated timeline.
Topics: Employee Benefits, Legal Order