WP(C)/6878/2024 of RUDRA KANTA MAHANTA Vs UNION OF INDIA AND 3 ORS. on 19 May 2026

ORDER

20.05.2026 Heard Mr. P.K. Munir, learned counsel appearing for the petitioner. Also heard Mr. J. Roy, the learned Senior Counsel assisted by Mr. B.P. Sarmah, learned counsel appearing for the respondent nos. 2, 3 & 4, namely, the Cement Corporation of India. The matter was heard on earlier occasions, and learned counsel for the petitioner was granted time to obtain instructions in the matter. Today, learned counsel for the petitioner submits that the only issue remaining for adjudication is the payment of gratuity to the petitioner under the Payment of Gratuity Act, 1972. It is contended that the gratuity amount is required to be released at an early date by the respondent authorities. It is further submitted that the petitioner is presently suffering from multiple ailments and is unable to maintain himself properly. It is stated that the petitioner has suffered paralysis, and therefore, expeditious disbursal of the gratuity amount by the respondent authorities is warranted.

Mr. J. Roy, learned Senior Counsel appearing for the Cement Corporation of India, has submitted that the petitioner is required to submit an application claiming gratuity benefits. He further submits that upon receipt of such an application, the respondent authorities shall consider the same expeditiously and ensure disbursement of the admissible dues at the earliest possible time. Accordingly, this writ petition is closed, with liberty to the petitioner to file a representation, if required, through a representative, in view of his stated condition of paralysis, for claiming gratuity benefits. The application may be routed through Respondent No. 3, the General Manager, Cement Corporation of India Limited, Bukhajan Unit, for onward transmission to the office of the Deputy General Manager (PNH), Cement Corporation of India Limited, Tandur Cement Factory, Ranga Reddy, Andhra Pradesh. Upon receipt of the application by Respondent No. 3, the said respondent shall forward the same to the office of Respondent No. 4, who shall thereafter take necessary steps for the disbursement of the gratuity amount payable to the petitioner at the earliest possible date. Respondent No. 4 shall intimate the petitioner regarding his entitlement to gratuity under the Payment of Gratuity Act within a period of two months from the date of receipt of the application from Respondent No. 3. Respondent No. 4 shall also endeavour to ensure disbursal of the gratuity amount to the petitioner within a further period of one month thereafter. This writ petition is accordingly disposed of. No costs. JUDGE Comparing Assistant