Authority: High Court at Calcutta, Constitutional Writ Jurisdiction Appellate Side
Order Date: 24 September 2026
Case Overview
- Parties: Petitioner Nantu Saha (retired employee of Calcutta State Transport Corporation) vs. The State of West Bengal & others (respondents).
- Nature of Proceeding: Writ petition (WPA/25933/2026) seeking payment of balance Provident Fund (PF) dues, gratuity, and leave encashment.
- Allegations: Petitioner received only 10% of his PF dues; gratuity and leave salary were disbursed belatedly.
- Court Observations: PF, gratuity, and leave encashment are statutory dues; employer must disburse them immediately upon retirement. Delay is impermissible.
- Directions Issued:
1. Managing Director of CSTC to release the balance PF amount to the petitioner.
2. Amount to be paid with simple interest at 6% per annum from the date of retirement (30‑06‑2026) until actual payment.
3. Payment must be made within twelve weeks from the date of communication of this order.
4. If payment is not made within the stipulated period, interest rises to 8% per annum (6% + additional 2%).
5. In case CSTC lacks sufficient funds, State authorities are directed to provide the required amount to satisfy the petitioner’s claim.
- Final Outcome: The writ petition is disposed; CSTC must comply with the payment and interest directives, and the State must ensure funds are available if needed.
Final Outcome
The petitioner is entitled to receive the outstanding PF dues with the stipulated interest, and the court’s order is enforceable within the specified timeline.
Topics: Provident Fund, Employee Benefits, Court Order