SK. YEASIN ALI DONA GHOSH vs STATE OF WEST BENGAL AND ORS. — WPA/24176/2023

Case under Payment of Gratuity Act ,1973 Section NA. Disposed: Contested--DISMISSED on 07th May 2026.

CNR: WBCHCA0497202023

CASE DISPOSED

Next Hearing

11th October 2023

Filing Number

WPA/24261/2023

Filing Date

05-10-2023

Registration No

WPA/24176/2023

Registration Date

05-10-2023

Judge

HON'BLE JUSTICE SHAMPA DUTT (PAUL)

Coram

HON'BLE JUSTICE SHAMPA DUTT (PAUL)

Bench Type

Single Bench

Category

GROUP A (WRIT MATTERS) ( 1 )

Sub-Category

BONUS/GRATUITY ( 5 )

Judicial Branch

MANDAMUS SECTION

Decision Date

07th May 2026

Nature of Disposal

Contested--DISMISSED

Acts & Sections

Payment of Gratuity Act ,1973 Section NA

Petitioner(s)

SK. YEASIN ALI DONA GHOSH

Respondent(s)

STATE OF WEST BENGAL AND ORS.

Hearing History

Judge: HON'BLE JUSTICE SHAMPA DUTT (PAUL)

11-10-2023

NEW MOTION

22-04-2026

HEARING (GROUP-III)

07-01-2026

MOTION GR - III

03-12-2025

HEARING (GROUP-III)

01-12-2025

MOTION GR - III

Orders

07-05-2026
HON'BLE JUSTICE SHAMPA DUTT (PAUL)

Summary The Calcutta High Court dismissed the writ petition filed by Sk. Yeasin Ali, an ex-employee claiming additional gratuity for the lockout period (March 1989-November 1994). The court held that as a badli (temporary) worker during that period who did not actually work for 240+ days annually, the petitioner was not entitled to gratuity under the Payment of Gratuity Act, 1972, despite the lockout being beyond his control. The court also rejected his claim for gratuity from 2012-2015 (post-superannuation re-employment) as he had not completed a fresh 5-year continuous service period required for renewed gratuity eligibility. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Summary The Calcutta High Court dismissed the writ petition filed by Sk. Yeasin Ali, an ex-employee claiming additional gratuity for the lockout period (March 1989-November 1994). The court held that as a badli (temporary) worker during that period who did not actually work for 240+ days annually, the petitioner was not entitled to gratuity under the Payment of Gratuity Act, 1972, despite the lockout being beyond his control. The court also rejected his claim for gratuity from 2012-2015 (post-superannuation re-employment) as he had not completed a fresh 5-year continuous service period required for renewed gratuity eligibility. This case analysis is maintained by casestatus.in based on publicly available court records.

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