Authority: High Court at Calcutta, Constitutional Writ Jurisdiction (Appellate Side)
Order Date: 28 July 2026
Case Overview
- Parties: Petitioner Pradip Dutta, a retired employee of Calcutta State Transport Corporation (CSTC), versus the State of West Bengal and other respondents.
- Background: Dutta retired on 30 September 2023; he alleges receipt of only 20 % of his provident fund, non‑payment of leave salary, and belated disbursement of gratuity, and seeks interest on delayed amounts.
- Court’s observations: Employer is statutorily obligated to pay provident fund, gratuity and leave encashment promptly upon retirement; any delay is impermissible.
- Directions: The Managing Director of CSTC must release the full provident fund and leave salary within twelve weeks of this order, with simple interest at 6 % per annum calculated from the retirement date to actual payment. The gratuity amount is also liable to 6 % simple interest from the retirement date. If payment is not made within the twelve‑week period, interest increases to 8 % per annum (6 % + 2 %). Should CSTC lack sufficient funds, State authorities are directed to provide the required amount.
Final Outcome
- The writ petition is disposed; CSTC is mandated to pay the pending terminal dues with the stipulated interest, within the specified timeframe, and the State must intervene if CSTC cannot meet the payment. The petitioner is entitled to the higher interest rate if the deadline is missed.
Topics: Employee Benefits, Court Order