Allowed

Joseph Barid P.A v. Hil (India) Ltd.

Kerala HC27 Oct 2022WP(C)/21347/2022

Case brief

AI extract

What is this about?

The High Court, drawing upon the admitted duty to pay leave encashment dues after long service, directed the respondent company to settle the pending amounts to the retired petitioners within six months from the date of receipt of the judgment.

What did the court decide?

The respondents are directed to settle the leave encashment dues to the petitioners within six months from the date of receipt of the judgment.

Joseph Barid P.A Vs Hil (India) Ltd. — Pension and Retirement Benefits | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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THURSDAY, THE 27TH DAY OF OCTOBER 2022 / 5TH KARTHIKA, 1944

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WP(C) NO. 21347 OF 2022

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PETITIONERS:

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1JOSEPH BARID P.A
AGED 62 YEARS
S/O.P.M.ANTONY, PANAKKAL HOUSE,
C.P.NAGAR - 67, EDAPPALLY NORTH.P.O.,

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PIN: 682 024, (RETIRED AS DEPUTY MANAGER (PRODUCTION
FROM HIL (INDIA) LIMITED, UDYOGAMANDAL ON 31.5.2020).
2JOHN C.P.,
AGED 62 YEARS

¶9

S/O.C.P.PAILY, CHITTOOPARAMBIL HOUSE, EDAVOOR.P.O.,
CHERANALLOOR, PIN- 683 544 (RETIRED AS LEADSMAN
(OPERATOR) FROM HIL (INDIA) LIMITED, ON 31.5.2020).

¶10

3 KUMARI ANTONY, AGED 61 YEARS

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W/O.SUDHEER K. STEPHEN, MOOZHITHOTTIL HOUSE,
BALAKRISHNA MENON ROAD, BMRA 41, EDAPPALLY,
COCHIN - 682 024 (RETIRED AS ASSISTANT OFFICER
(ADMINISTRATION) FROM HIL(INDIA) LIMITED, ON
30.11.2021).

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4LATHA S. NAIR,
AGED 61 YEARS
W/O.RAVEENDRAN.M., RITU HOUSE, KANNANKULANGARA,
NADAMA, TRIPUNITHURA, PIN- 682 301
(RETIRED AS ASSISTANT OFFICER (PURCHASE) FROM HIL
(INDIA) LIMITED, ON 31.12.2020).

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5 REKHA K.K., AGED 62 YEARS

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D/O.LATE KUNJAYYAPPAN, PLAKKADAPARAMBIL HOUSE,
ELOOR NORTH, UDYOGAMANDAL S.O., ERNAKULAM, PIN-683 501,
(RETIRED AS ASSISTANT SPECIAL GRADE, FROM HIL (INDIA)
LIMITED, ON 28.2.2021).

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6K.PRADEEP,
AGED 61 YEARS

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S/O.K.A.KAMALAKSHAN, PANEKKATTU HOUSE,
MANJUMMEL P.O., ELOOR - 683 501, (RETIRED AS LEADSMAN
(OPERATOR), FROM HIL (INDIA) LIMITED, ON 31.5.2021).
BY ADVS.

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K.P.JUSTINE (KARIPAT)
A.JOSEPH GEORGE (AZHIKKAKATH)

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WP(C) NO.21347 OF 2022 AND CON. CASES

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RESPONDENTS:

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1HIL (INDIA) LTD. ,
REP. BY THE CHAIRMAN & MANAGING DIRECTOR,
CORE-6, 2ND FLOOR, SCOPE COMPLEX, LODHI ROAD,
NEW DELHI - 110 003.

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2 THE CHAIRMAN & MANAGING DIRECTOR, HIL (INDIA) LTD., CORE-6, 2ND FLOOR, SCOPE COMPLEX, LODHI ROAD, NEW DELHI - 110 003.

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3 THE ASSISTANT MANAGER (HR & ADMINISTRATION), HIL (INDIA) LIMITED, UDYOGAMANDAL - 683 501.

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4 THE FINANCE MANAGER, HIL (INDIA) LIMITED, UDYOGAMANDAL P.O., PIN- 683 501. BY ADVS.

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M.GOPIKRISHNAN NAMBIAR
K.JOHN MATHAI
JOSON MANAVALAN
KURYAN THOMAS
PAULOSE C. ABRAHAM
RAJA KANNAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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27.10.2022 ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) NO.21347 OF 2022 AND CON. CASES

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¶30

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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THURSDAY, THE 27TH DAY OF OCTOBER 2022 / 5TH KARTHIKA, 1944
WP(C) NO. 21374 OF 2022

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PETITIONERS:

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1 MATHAI.M.V AGED 62 YEARS

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S/O.OUSEPH VARKEY, MEPPILLY HOUSE,
KOODALAPPAD KARA, KOOVAPPADY P.O., PIN- 683 544
(RETIRED AS ELECTRICAL SUPERVISOR FROM HIL (INDIA)
LIMITED, UDYOGAMANDAL ON 31.5.2020).
2MOHAMED LAL,
AGED 62 YEARS

¶37

S/O.MEETHIAN NINA, ALHIRA, ANCHAMPARUTHI,
VEDIMARA JUNCTION, MANNAM P.O., PIN- 683 520
(RETIRED AS ENGG. MANAGER (E & I) FROM HIL (INDIA)
LIMITED, ON 31.5.2020).

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3 C.J. VARGHESE, AGED 61 YEARS

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S/O.JOSEPH, CHUVANNVAREAMPADAM, KOONAMMAVU P.O.,
PIN- 683 518 (RETIRED AS SHIFT PRODUCTION SUPERVISOR
FROM HIL(INDIA) LIMITED, ON 31.8.2021).
4SUNNY K.V.,
AGED 62 YEARS
S/O. VARGHESE, KOCHAKKAN HOUSE, KURUPPUMPADI P.O.,
PIN- 683545 (RETIRED AS LEADSMAN (OPERATOR) FROM HIL
(INDIA) LIMITED, ON 31.10.2019).

¶40

5 P.S.ANILKUMAR, AGED 62 YEARS S/O.M.SIVASANKARAN NAIR, "THUSHARAM", ALANGAD.P.O., PIN-683 511, (RETIRED AS LEADSMAN (OPERATOR) FROM HIL (INDIA) LIMITED, ON 31.5.2020).

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6 HASSAN P.A., AGED 61 YEARS

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S/O.ABDUL RAHIMAN, PALLIMITTATH (H),
VRINDHAVAN GARDENS, WEST KADUNGALLOOR, ALUVA,
PIN- 683 110 (RETIRED AS LEADSMAN (OPERATOR) FROM HIL
(INDIA) LIMITED, ON 31.5.2021).
K.P.JUSTINE (KARIPAT)
A.JOSEPH GEORGE (AZHIKKAKATH)

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WP(C) NO.21347 OF 2022 AND CON. CASES

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¶45

RESPONDENTS:

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1HIL(INDIA)LTD.,
REP. BY THE CHAIRMAN & MANAGING DIRECTOR,
CORE-6, 2ND FLOOR, SCOPE COMPLEX, LODHI ROAD,
NEW DELHI - 110 003.

¶47

2 THE CHAIRMAN & MANAGING DIRECTOR, HIL (INDIA) LTD., CORE-6, 2ND FLOOR, SCOPE COMPLEX, LODHI ROAD, NEW DELHI - 110 003.

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3 THE ASSISTANT MANAGER (HR & ADMINISTRATION), HIL (INDIA) LIMITED, UDYOGAMANDAL - 683 501.

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4 THE FINANCE MANAGER, HIL (INDIA) LIMITED, UDYOGAMANDAL P.O., PIN- 683 501. BY ADVS.

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M.GOPIKRISHNAN NAMBIAR
K.JOHN MATHAI
JOSON MANAVALAN
KURYAN THOMAS
PAULOSE C. ABRAHAM
RAJA KANNAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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27.10.2022 ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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¶54

WP(C) NO.21347 OF 2022 AND CON. CASES

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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THURSDAY, THE 27TH DAY OF OCTOBER 2022 / 5TH KARTHIKA, 1944
WP(C) NO. 22144 OF 2022

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PETITIONER:

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RAJENDRAN PILLAI. K
AGED 60 YEARS
S/O.KUTTAN PILLAI, USHUS, S.N.PURAM ROAD,
THAIKKATTUKARA.P.O., ALUVA - 683 106, (RESIGNED AS
DEPUTY ENGINEERING MANAGER, RESIGNED ON 31.03.2021 FROM
HIL (INDIA) LIMITED, UDYOGAMANDAL - 683 501).
BY ADVS.
K.P.JUSTINE (KARIPAT)
A.JOSEPH GEORGE (AZHIKKAKATH)

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RESPONDENTS:

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1HIL (INDIA) LTD
REPRESENTED BY THE CHAIRMAN & MANAGING DIRECTOR,
CORE-6, 2ND FLOOR, SCOPE COMPLEX, LODHI ROAD,
NEW DELHI - 110 003.

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2THE CHAIRMAN & MANAGING DIRECTOR,
HIL (INDIA) LTD., CORE-6, 2ND FLOOR, SCOPE COMPLEX,
LODHI ROAD, NEW DELHI - 110 003.

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3THE ASSISTANT MANAGER (HR & ADMINISTRATION),
HIL (INDIA) LIMITED, UDYOGAMANDAL - 683 501.
4THE FINANCE MANAGER,
HIL (INDIA) LIMITED, UDYOGAMANDAL.P.O., PIN: 683 501.
BY ADVS.
M.GOPIKRISHNAN NAMBIAR
K.JOHN MATHAI
JOSON MANAVALAN
KURYAN THOMAS
PAULOSE C. ABRAHAM
RAJA KANNAN

¶65

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

¶66

27.10.2022 ALONG WITH CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

¶67

WP(C) NO.21347 OF 2022 AND CON. CASES

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¶69

JUDGMENT

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[WP(C) Nos.21347/2022, 21374/2022, 22144/2022]

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Dated this the 27^th day of October, 2022

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These writ petitions are filed seeking directions to the respondents to pay the leave encashment amounts due to the petitioners.

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Heard the learned counsel for the petitioners and the learned standing counsel appearing for the respondents.

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It is submitted by the learned counsel for the petitioners that the petitioners retired from service in 2019, 2020 and 2021 and that the leave encashment amounts due to them have not been released to them in spite of long delay. The petitioners seek release of the said amounts due to them.

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A counter affidavit has been placed on record by the respondents stating that the earned leave encashment is not a statutory amount due and that therefore the prayers sought for in these writ petitions cannot be entertained. It is further stated that the leave encashment is not

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denied to the retired employees and it is only due to acute financial

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WP(C) NO.21347 OF 2022 AND CON. CASES

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crisis being faced by the company that there has been delay in payment of the amounts. A seniority list showing the dates of retirement and the dues remaining to be paid to retired employees is produced as Ext.R1(b) and the respondents seek some time for the release of the amounts due to the petitioners in these writ petitions.

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Having heard the learned counsel on either side, I am of the opinion that since the leave encashment dues are, admittedly, amounts which are liable to be paid to the petitioners on account of their long years of service in the company, the respondents would not be justified in contending that a writ petition seeking payment of the said amounts is not maintainable. With regard to the further contention that the amounts have to be disbursed taking note of the seniority of the retirement of the petitioners, I am of the opinion that appropriate steps have to be taken by the company to see that amounts are released without undue delay. There will, accordingly, be a direction to the respondents to take up the claims of the petitioner for release of earned leave encashment taking note of Ext.R1(b), which is a list of employees who have yet to be paid their earned leave encashment dues prepared

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WP(C) NO.21347 OF 2022 AND CON. CASES

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on the basis of their respective dates of retirement. Appropriate steps

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shall be taken by the respondents to see that the entire amounts due are

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released to the petitioners within a period of six months from the date

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of receipt of a copy of this judgment.

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This writ petition is ordered accordingly.

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Sd/-

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ANU SIVARAMAN

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JUDGE

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NP

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WP(C) NO.21347 OF 2022 AND CON. CASES

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APPENDIX OF WP(C) 21347/2022

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PETITIONERS’ EXHIBITS

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Exhibit P1TRUE COPY OF THE RELIEVING MEMORANDUM DATED
29.05.2020 OF THE 1ST PETITIONER.
Exhibit P2TRUE COPY OF THE RELIEVING MEMORANDUM DATED
30.11.2021 OF THE 3RD PETITIONER.
Exhibit P3TRUE COPY OF THE DATED 01.12.2020 OF THE 4TH
PETITIONER.
Exhibit P4TRUE COPY OF THE RELIEVING MEMORANDUM DATED
26.02.2021 OF THE 5TH PETITIONER.
Exhibit P5TRUE COPY OF THE REPLY NO.PE/RTI/3/585 DATED
28.09.2021.
Exhibit P6TRUE COPY OF THE RIGHT TO INFORMATION ACT,
NO.PE/RTI/3/584 DATED 28.09.2021.
RESPONDENTS’ EXHIBITS
Exhibit R1(a)TRUE COPY OF THE PROFIT AND LOSS STATEMENTS
OF THE HIL (INDIA) LTD., UDYOGAMANDAL UNIT
FOR THE YEAR ENDING 31/03/2022.
Exhibit R1(b)TRUE COPY OF THE SENIORITY LIST REGARDING
TERMINAL DUES-L;EAVE ENCASHMENT PAID/PAYABLE
TO RETIRED/RESIGNED/EXPIRED EMPLOYEES OF HIL
(INDIA) LTD., UDYOGAMANDAL.

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WP(C) NO.21347 OF 2022 AND CON. CASES

¶98

¶99

APPENDIX OF WP(C) 21374/2022

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`PETITIO`	`NERS’`	`EXHIBITS`
`Exhibit`	`P1`	`TRUE COPY OF THE RELIEVING MEMORANDUM DATED` `29.05.2020 OF THE 1ST PETITIONER.`
`Exhibit`	`P2`	`TRUE COPY OF THE RELIEVING MEMORANDUM DATED` `29.05.2020 OF THE 2ND PETITIONER.`
`Exhibit`	`P3`	`TRUE COPY OF THE RELIEVING MEMORANDUM DATED` `31.08.2021 OF THE 3RD PETITIONER.`
`Exhibit`	`P4`	`TRUE COPY OF THE RELIEVING MEMORANDUM DATED` `31.10.2019 OF THE 4TH PETITIONER.`
`Exhibit`	`P5`	`TRUE COPY OF THE RELIEVING MEMORANDUM DATED` `31.05.2021 OF THE 6TH PETITIONER.`
`Exhibit`	`P6`	`TRUE COPY OF THE RIGHT TO INFORMATION ACT,` `REPLY NO.PE/RTI/3/680 DATED 5.10.2021.`
`Exhibit`	`P7`	`TRUE COPY OF THE RIGHT TO INFORMATION ACT,` `REPLY NO.PE/RTI/3/679 DATED 5.10.2021.`
`Exhibit`	`P8`	`TRUE COPY OF THE RIGHT TO INFORMATION ACT,` `REPLY NO.PE/RTI/3/45 DATED 1.4.2022.`
`Exhibit`	`P9`	`TRUE COPY OF THE RIGHT TO INFORMATION ACT,` `REPLY NO.PE/RTI/3/583 DATED 28.09.2021.`
`Exhibit`	`P10`	`TRUE COPY OF THE RIGHT TO INFORMATION ACT,` `REPLY NO.FE/RTI/3/571 DATED 23.09.2021.`
`RESPOND`	`ENTS’`	`EXHIBITS`
`Exhibit`	`R1(a)`	`TRUE COPY OF THE PROFIT AND LOSS STATEMENTS` `OF THE HL (INDIA) LTD., UDYOGAMANDAL UNIT FOR` `THE YEAR ENDING 31/03/2022.`
`Exhibit`	`R1(b)`	`TRUE COPY OF THE SENIORITY LIST REGARDING` `TERMINAL DUES-LEAVE ENCASHMENT PAID/PAYABLE` `TO RETIRED/RESIGNED.EXPIRED EMPLOYEES OF HIL` `(INDIA) LTD., UDYOGAMANDAL UNIT.`

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WP(C) NO.21347 OF 2022 AND CON. CASES

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¶103

APPENDIX OF WP(C) 22144/2022

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PETITIONER’S EXHIBITS
Exhibit P1TRUE COPY OF THE RELIEVING ORDER DATED
31.03.2021 ISSUED TO THE PETITIONER
Exhibit P2TRUE COPY OF THE RIGHT TO INFORMATION ACT
REPLY NO.PE/RTI/3/63 DATED 18.04.2022
RESPONDENTS’ EXHIBITS
Exhibit R1(a)TRUE COPY OF THE PROFIT AND LOSS STATEMENTS
OF THE HIL (INDIA) LTD., UDYOGAMANDAL UNIT
FOR THE YEAR ENDING 31/03/2022.
Exhibit R1(b)TRUE COPY OF THE SENIORITY LIST REGARDING
TERMINAL DUES-LEAVE ENCASHMENT PAID/PAYABLE
TO RETIRED/RESIGNED/EXPIRED EMPLOYEES OF HIL
(INIDA) LTD., UDYOGAMANDAL UNIT.

Joseph Barid P.A v. Hil (India) Ltd.

Case brief

What is this about?

What did the court decide?

Joseph Barid P.A v. Hil (India) Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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