Authority: Court No.13
Order Date: 24 August 2026
Case Overview
- The appeal (M.A.T. 2462 of 2023) was filed by Food Corporation of India (appellant) against the judgment and order dated 12 September 2023 in W.P.A. 16618 of 2023, with Union of India & others as respondents. The appellant was represented by Mr. Devajyoti Barman and Ms. Sanjukta Basu Mallick; respondent No.4 was represented by Mr. Kisor Ray and Ms. Kriti.
- Two applications were pending: CAN 1 of 2024 seeking condonation of a 65‑day delay in filing the appeal, and CAN 2 of 2024 connected with the appeal.
- The Court considered the grounds for delay and found them satisfactory.
Observations and Directions
1. Condonation (CAN 1 of 2024): The Court allowed the condonation of the 65‑day delay; no order as to costs.
2. Appeal (M.A.T. 2462 of 2023): The Court noted that the subject matter is covered by a coordinate‑bench judgment dated 24 September 2024 in M.A.T. 2397 of 2023. That judgment shall govern the present appeal, subject to the following modifications:
- (i) The appellant shall not be liable to pay interest on the delayed payment of gratuity for the period during which the gratuity amounts were deposited with the Additional Labour Commissioner‑cum‑Controlling Authority under the Payment of Gratuity Act, 1972, to the extent of the quantum deposited.
- (ii) The appellant shall be liable to pay interest as ordered in the 24 September 2024 judgment for the quantum and balance period during which the gratuity quantum was not deposited with the Controlling Authority.
3. The appeal M.A.T. 2462 of 2023 is disposed of, and consequently the connected application CAN 2 of 2024 is also disposed of. No order as to costs.
Final Outcome
- The appeal is dismissed with the interest modifications above; both applications (CAN 1 and CAN 2) are disposed of, and parties are directed to download the server copy of the order from the Court’s official website.
Topics: Gratuity, Court Order