: Mr. Mrinal Saha
: Mr. Sourav Saha
Heard on : 02/02/2026
Judgment on : 19/02/2026
Rai Chattopadhyay, J. :-
1. An interplay of the statutory provisions under section 4(1) and 4(6)
of the Payment of Gratuity Act 1972, is in issue in the instant
appeal and the appellant has challenged judgment of the Hon’ble
Single Judge dated August 28, 2025, in writ petition No. WPA 4620
of 2025.
2. The respondent No.4 has been an employee with the appellant
company vide an appointment letter dated August 15, 2012. He
has been issued a show-cause notice dated July 21, 2022, by the
appellant. An enquiry proceeding was initiated against him and he
was served with the notice of enquiry. Immediately after receipt of
the notice of enquiry, the said respondent has tendered resignation
on August 15, 2022. According to the appellant his resignation has
never been accepted by it, which the appellant has informed vide
letter dated August 15, 2022.
