Patna High Court
Winsome International LimitedversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The court quashed the requisition and certificate proceedings, directing the Controlling Authority to release the deposited amount to the petitioner and dismissing further claims for interest or costs.
Summary
The petitioner Samat Khan filed a writ petition seeking payment of gratuity with interest and related reliefs, while Winsome International Limited filed a separate petition to quash a certificate issued under Section 8 of the Payment of Gratuity Act, 1972. Both matters were heard together. The court noted that the company had already deposited Rs.1,62,705 with the Controlling Authority and, relying on earlier judgments of the same bench, held that the certificate proceedings should be kept in abeyance. Consequently, the requisition for payment was quashed and the Controlling Authority was directed to release the deposited amount to the petitioner within four weeks. The court also directed the petitioner to approach the Controlling Authority for the release of the amount and dismissed any further claims for interest or costs. Both writ petitions were thereby disposed of.
Issues considered
- Whether the Deputy Labour Commissioner and other authorities must pay the gratuity amount with interest as per the order dated 23.03.2022.
- Whether the certificate dated 06/05/2022 issued under Section 8 of the Payment of Gratuity Act, 1972 should be quashed.
- Whether the petitioner is entitled to additional interest, compound interest at 18%, and litigation costs.
- Whether the Controlling Authority should release the amount deposited by the company to the petitioner.
Legislation cited
Subjects
- gratuity
- Payment of Gratuity Act
- interest
- certificate
- quashing
- writ petition
- labour law
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11790 of 2023
======================================================
Samat Khan, S/o of Late Rahman Khan, R/o Govindpur Khajuri, Ward no.-
04, PO- Khajuri, PS- Kalyanpur, District- Samastipur, Bihar-848301.
... ... Petitioner/s
Versus
1. The State of Bihar Represented through the Labour Commissioner, Bihar,
Patna.
2. The Deputy Labour Commissioner, Darbhanga Division, Darbhanga.
3. The District Magistrate, Samastipur.
4. The District Certificate Officer, Samastipur.
5. The Divisional Commissioner, Darbhanga Division, Darbhanga.
6. M/s Winsome International Limited, 16-A, Brabourne Road, Kolkata (Mill
at- M/s Rameshwar Jute Mills, Muktapur, District- Samastipur) represented
through its director, namely Shri Prakash Charoria.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 10803 of 2023
======================================================
Winsome International Limited a Company Incorporated Under Indian
Companies Act, 1956 having its registered office at 5th Floor,, 16A Brabourne
Road, Kolkata 700001, Proprietor of M/S rameshwara Jute Mills, Muktapur,
P.O. Navrang, Samastipur, District-Samastipur, Bihar through its Authorized
representative namely Rajesh, aged about 53 Years, on of Late Suresh
Chandra Prasad, R/o Resident of C/o Suresh Chandra Prasad, Sripalpur,
Punpun, Patna-804453 (Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Labour Resources
Department, Government of Bihar.
2. The Deputy Labour Commissioner-Cum-Controlling Authority of Payment
of Gratuity Act 1972, Darbhanga Division, Darbhanga.
3. The District Magistrate, Samastipur, Bihar.
4. The Additional Collector-Cum-Senior Certificate Officer, Samastipur, Bihar.
5. Samat Khan S/o Late Rahman Khan, R/o-Village-Govindpur Khajuri and
P.O.-Khajuri, P.S.-Kalyanpur, District-Samastipur (Bihar).
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 11790 of 2023)
For the Petitioner/s : Mr.Manoj Kumar, Adv.
For the Respondent/s : Mr.Sarvesh Kumar ( Gp 24 )
Patna High Court CWJC No.11790 of 2023(6) dt.02-02-2026
2/5
For the Resp. No. 6 Mr. Rajkumar Rajesh, Adv.
(In Civil Writ Jurisdiction Case No. 10803 of 2023)
For the Petitioner/s : Mr. Prashant Bhushan, Adv.
Mr. Ankit Nath Jha, Adv.
For the Respondent/s : Mr.Raghwendra Kumar ( Sc 22 )
Mr. Vikramadit, AC to SC 22
For the Resp. No. 5 Mr. Manoj Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
6 02-02-2026 Since the issue involved in both the writ petition is
one and same, both the matters are heard together and are being
disposed of by a common order.
2. Heard the learned counsel appearing on behalf of
the petitioner and the learned counsel appearing on behalf of the
private Respondent No. 6 in CWJC No. 11790 of 2023, who are
Respondent No. 5 and the petitioner in CWJC No. 10803 of
2023 and the learned counsel appearing on behalf of the
Respondents-State in both the cases.
CWJC No. 11790 of 2023
3. The present writ petition is filed for the following
relief(s):-
“ a. For issuance of an appropriate writ,
order, direction to Respondents to make
payment of the Gratuity amount with
interest in compliance of order dated
23.03.2022 by Deputy Labour
Commissioner, Darbhanga Division,
Darbhanga.
b. To direct the respondents to pay further
interest to this Petitioner over and above
the quantification made in Annexure-P/1.
Patna High Court CWJC No.11790 of 2023(6) dt.02-02-2026
3/5
c. To direct the respondents to pay
compoundable interest @ 18% from the
date of order dated 06.05.2022 passed by
the District Certificate Officer, Samastipur
till the actual payment is made to the
petitioner.
d. To direct the respondents to pay
litigation cost to this petitioner.
e. To direct the respondent no- 3 and 4 to
secure the payment of the Gratuity amount
with interest in compliance of order dated
23.03.2022 by Deputy Labour
Commissioner, Darbhanga Division,
Darbhanga.
f. For issuance of any other
writ/order/direction to which the Petitioner
is found to be entitle too in the facts and
circumstances of the case.”
CWJC No. 10803 of 2023
4. The present writ petition is filed for the following
relief(s):-
“i.For issuance of appropriate
writ(s)/order(s)/direction(s) to quash the
certificate dated 06/05/2022, issued under
Section 8 of the Payment of Gratuity Act,
1972 by the Deputy Labour Commissioner
cum Controlling Authority of Payment of
Gratuity Act 1972, Darbhanga Division,
Darbhanga (Respondent No. 2) which is
annexed as Annexure - 2, And/or
ii. Pass such other order/orders which this
court deems fit and proper in the facts and
circumstances of this case for securing the
ends of justice.”
Patna High Court CWJC No.11790 of 2023(6) dt.02-02-2026
4/5
5. Learned counsel appearing on behalf of the
petitioner in CWJC No. 10803 of 2023 submits that pursuant to
the orders passed by the Controlling authority, the petitioner-
company has deposited a sum of Rs.1,62,705/- vide DD No.
318104, dated 19.10.2023 drawn in Indian Bank before the
Controlling Authority and the petitioner is satisfied with the
said amount in CWJC No. 10803 of 2023. Learned counsel
appearing on behalf of the petitioner-company relies on the
Judgment passed by a coordinate Bench of this Hon’ble Court
in CWJC No. 11542 of 2023 and CWJC No. 11193 of 2023
dated 15.12.2025 and submits that on the similar facts and
circumstances this Court has passed the order whereby the
certificate proceedings initiated by the Controlling authority
have been kept in abeyance and no further action was directed
to be taken by the Certificate Officer. Learned counsel submits
that the matter is squarely covered by the above said Judgment
and the present writ petitions may be disposed of in terms of the
same.
6. Having regard to the fact that the petitioner in
CWJC No. 11790 of 2023 who is Respondent No. 5 in CWJC
No. 10803 of 2023 has submitted that the petitioner is satisfied
with the amount deposited before the Controller Authority and
Patna High Court CWJC No.11790 of 2023(6) dt.02-02-2026
5/5
the said Controlling Authority is directed to be paid the same,
he will not seek any other relief against the company before any
Authority. The present CWJC is disposed off directing the
petitioner in CWJC No. 11790 of 2023 to approach the
Controlling Authority for releasing the amount of Rs. 1,62,705/-
in his favour.
8. The requisition sent by the Controlling
Authority before the Certificate Officer, Samastipur (Annexure
P/2 in CWJC No. 10803 of 2023) is quashed and no further
action shall be taken by the Controlling Authority or the
Certificate Officer for payment of any amount. If any
application is made by the petitioner in CWJC No. 11790 of
2023, the Controlling Authority is directed to pay the amount
deposited by the respondent Company to the petitioner either by
way of RTGS or by way of Demand Draft within a period of
four weeks from today.
9. With the above directions, both the writ
petitions stand disposed of.
(A. Abhishek Reddy , J)
Bhardwaj/-
U
Checking your session…