This court directed respondents to disburse terminal benefits and leave encashment to retired petitioners within three months, imposing 6% interest if delayed beyond that, balancing corporate financial constraints with employee welfare.
Respondents to disburse benefits within three months; otherwise, 6% interest from the first day of the next month of retirement.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 1ST DAY OF APRIL 2022 / 11TH CHAITHRA, 1944 WP(C) NO. 3542 OF 2021
PETITIONER/S:
| 1 | PAUL THACHIL AGED 61 YEARS S/O. ANTONY THACHIL, ENGINEERING MANAGER (RTD), IMPERIAL AVENUE, CLUB JUNCTION, EDAPPALLY P.O, PIN 682 024 |
|---|---|
| 2 | SEBASTIAN MATHEW, AGED 61 YEARS S/O. MATHEW THOTTATHIL DEPUTY GENERAL MANAGER ( T AND C) (RTD), 16/234, THOTTATHIL HOUSE, AZAD ROAD (W), ALUVA P.O, PIN 683101 |
| 3 | SANTHOSH KUMAR J AGED 61 YEARS S/O. JANARDHANAN NAIR, PRODUCTION MANAGER (RTD), GEETHAM HOUSE, AZAD ROAD, ALUVA, PIN 683101 |
| 4 | P.R NATARAJAN, AGED 61 YEARS |
| S/O. RAMASWAMY K. MANAGER 9SAFETY) (RTD) SHAKTI NIVAS, SARPPARAMBU, KUTTIKATTUKARA, PATHALAM, UDYOGAMANDALA P.O, ERNAKULAM 683501 |
|
| 5 | K. VENUGOPALAN, AGED 61 YEARS |
| S/O. RAMAN NAIR, DEPUTY MANAGER (E AND I) (RTD) KOTTARATH HOUSE, KAIPAMANGALAM P.O, PIN 680 681 |
|
| 6 | SOOSI C.K, AGED 61 YEARS |
| W/O. PAUL N JOHN, ASSISTANT MANAGER PURCHASE (RTD), NADAKKAL HOUSE, HILL PALACE ROAD, TRIPUNITHURA 682 301 |
|
| 7 | RAJENDRAN M, AGED 60 YEARS |
| S/O. NARAYANAN NAIR, SUPERVISOR (RTD), KRISHNAKRIPA HOUSE, KARPPALA, ADUVATHURUTHU, VELIYATHUNADU P.O, PIN 683511 |
|
| 8 | JAYACHANDRAN K.K, AGED 61 YEARS S/O. KRISHNAN NAIR M.K, SHIFT PRODUCTION |
| SUPERVISOR (RTD), REVATHY, KUNNUTHUKULANGARA | |
| TEMPLE ROAD, THIRUVANANTHAPURAM P.O, PIN 682 305 |
W.P.(C) Nos.3542 & 24213 of 2021
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9 C.K SASIDHARAN AGED 61 YEARS S/O. P. CHELLAPPAN NAIR, ASSISTANT MANAGER ACCOUNTS (RTD), SREERANGAM,PONEVAZHI NEW CROSS ROAD, EDAPALLY P.O, PIN 682 024 10 AV GEORGE, AGED 61 YEARS S/O. A.D VARGHESE, SHIFT PRODUCTION SUPERVISOR (RTD), ANTHICKAD HOUSE, MANAKKAPADY NORTH, MANJALI P.O, PIN 683521 11 THOMAS CHERIAN, AGED 61 YEARS S/O. GEEVARGHESE CHERIAN, SUPERVISOR (RTD), CHERUVAKKAL HOUSE, MNRA 189, CUSAT P.O, ERNAKULAM 682 022 12 SALIKUNJU M.C, AGED 58 YEARS S/O. OUSEPH CHACKO, DEPUTY ENGINEERING MANAGER (RTD) HOUSE NO. 33/1666D, SOWHARDHA NAGAR, VENNALA P.O, KOCHI BY ADVS. R.SANJITH SMT.C.S.SINDHU KRISHNAH SRI.B.R.ANEES SMT.CHARUTHA BHAIJU SMT.P.S.ANJU SHRI.ANOOP GEORGE
RESPONDENT/S:
1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CHEMICALS AND PETROCHEMICALS, MINISTRY OF CHEMICALS AND FERTILIZERS, NEW DELHI 110 001 2 HILL (INDIA) LIMITED, 2ND FLOOR, CORE-6, SCOPE COMPLEX -7, LODHI ROAD, NEW DELHI 110 003 REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR 3 CHAIRMAN AND MANAGING DIRECTOR, HILL (INDIA) LIMITED, 2ND FLOOR, CORE-6, SCOPE COMPLEX, 7 LODHI ROAD, NEW DELHI-110 002. 4 HILL (INDIA) LTD,
W.P.(C) Nos.3542 & 24213 of 2021
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UDYOGAMANDAL P.O.KOCHI, KERALA-683 501, INDIA, REPRESENTED BY ITS UNIT HEAD. 5 ASSISTANT MANAGER (HR & ADMN), HILL (INDIA) LTD, UDYOGAMANDAL, P.O.KOCHI, KERALA-683 501, INDIA BY ADVS. M.GOPIKRISHNAN NAMBIAR K.JOHN MATHAI JOSON MANAVALAN KURYAN THOMAS PAULOSE C. ABRAHAM RAJA KANNAN
OTHER PRESENT:
ASGI S. MANU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2022, ALONG WITH WP(C).24213/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.3542 & 24213 of 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 1ST DAY OF APRIL 2022 / 11TH CHAITHRA, 1944 WP(C) NO. 24213 OF 2021
PETITIONER/S:
K.D.GEORGE AGED 60 YEARS S/O. K. A. DANIEL, KAYYALAKKATH HOUSE, PPRA - 41, EDAPPALLY P. O., KOCHI - 682 024. (RETIRED AS ASSISTANT MANAGER (HR & ADMINISTRATION ON 28.02.2021 FROM HIL (INDIA) LIMITED. BY ADV K.P.JUSTINE (KARIPAT)
RESPONDENT/S:
1 THE CHAIRMAN & MANAGING DIRECTOR, HIL (INDIA) LTD. CORE - 6, 2ND FLOOR, SCOPE COMPLEX, LODHI ROAD, NEW DELHI - 110 003. 2 THE ASSISTANT MANAGER (HR & ADMINISTRATION) HIL (INDIA) LIMITED, UDYOGAMANDAL - 683 501. 3 THE 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
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2022, ALONG WITH WP(C).3542/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.3542 & 24213 of 2021
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JUDGMENT
Dated this the 01st day of April, 2022
Having heard the learned Counsel for the
petitioners and the learned Standing Counsel and having perused the affidavit filed by the respondents explaining the reasons for the delay in disbursing the terminal benefits and leave encashment amount to the petitioners, who are
next in line, I find that despite the explanation, the respondents should disburse the amounts within an outer limit of three months. This direction is issued in the wake of the earlier interim direction of this Court,
directing the respondents to effect payment within one month.
submitted that, financial constraints is an
aspect which this Court has to bear in mind while fixing the the time limit. While I am conscious
W.P.(C) Nos.3542 & 24213 of 2021
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of the financial constraints projected by the Company, this Court cannot be oblivious of the misery to which the petitioners are put due to the inordinate delay in disbursing the benefits due to them. The respondents are hence directed to disburse the benefits due to the petitioners within three months, failing which the amount shall carry interest at the rate of 6% from the first day of the next month of their retirement.
V.G.ARUN JUDGE
Scl/1.04
W.P.(C) Nos.3542 & 24213 of 2021
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APPENDIX OF WP(C) 3542/2021
| PETITION | ER EXHI | BITS |
|---|---|---|
| EXHIBIT | P1 | TRUE COPY OF THE RTI REPLY DATED 07- 10-2020 ISSUED TO THE 1ST PETITIONER BY PUBLIC INFORMATION OFFICER OF HIL (INDIA) LTD |
| EXHIBIT | P2 | TRUE COPY OF THE RTI REPLY DATED 03- 09-2020 ISSUED TO THE 2ND PETITIONER BY PUBLIC INFORMATION OFFICER OF HIL (INDIA) LTD |
| EXHIBIT | P3 | TRUE COPY OF THE RTI REPLY DATED 03- 09-2020 ISSUED TO THE 3RD PETITIONER BY PUBLIC INFORMATION OFFICER OF HIL (INDIA) LTD |
| EXHIBIT | P4 | TRUE COPY OF THE RTI REPLY DATED 03- 09-2020 ISSUED TO THE 4TH PETITIONER BY PUBLIC INFORMATION OFFICER OF HIL (INDIA) LTD |
| EXHIBIT | P5 | TRUE COPY OF THE RTI REPLY DATED 07- 10-2020 ISSUED TO THE 5TH PETITIONER BY PUBLIC INFORMATION OFFICER OF HIL (INDIA) LTD |
| EXHIBIT | P6 | TRUE COPY OF THE RTI REPLY DATED 03- 09-2020 ISSUED TO THE 6TH PETITIONER BY PUBLIC INFORMATION OFFICER OF HIL (INDIA) LTD |
| EXHIBIT | P7 | TRUE COPY OF THE RTI REPLY DATED 03- 09-2020 ISSUED TO THE 7TH PETITIONER BY PUBLIC INFORMATION OFFICER OF HIL (INDIA) LTD |
| EXHIBIT | P8 | TRUE COPY OF THE RTI REPLY DATED 03- 09-2020 ISSUED TO THE 8TH PETITIONER BY PUBLIC INFORMATION OFFICER OF HIL (INDIA) LTD |
| EXHIBIT | P9 | TRUE COPY OF THE RTI REPLY DATED 03- 09-2020 ISSUED TO THE 9TH PETITIONER BY PUBLIC INFORMATION OFFICER OF HIL (INDIA) LTD |
| EXHIBIT | P10 | TRUE COPY OF THE RTI REPLY DATED 15- 01-2020 ISSUED TO THE 10TH PETITIONER |
W.P.(C) Nos.3542 & 24213 of 2021
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| BY PUBLIC INFORMATION OFFICER OF HIL (INDIA) LTD |
|
|---|---|
| EXHIBIT | P11 TRUE COPY OF THE RTI REPLY DATED 07- 10-2020 ISSUED TO THE 11TH PETITIONER BY PUBLIC INFORMATION OFFICER OF HIL (INDIA) LTD |
| EXHIBIT | P11 A TRUE COPY OF THE REPRESENTATION DATED 30-09-2020 ISSUED TO THE 12TH PETITIONER BY PUBLIC INFORMATION OFFICER HILL (INDIA) LTD |
| EXHIBIT | P12 TRUE COPY OF THE REPRESENTATION TO THE 3RD RESPONDENT DATED 30-12-2019 |
| EXHIBIT | P13 TRUE COPY OF THE REPRESENTATION TO THE 3RD RESPONDENT DATED 04-01-2021 |
| EXHIBIT | P14 TRUE COPY OF THE REPRESENTATION TO THE 3RD RESPONDENT DATED 20-01-2021 |
| EXHIBIT | P15 TRUE COPY OF REPRESENTATION DATED 12- 05-2020 TO THE HONOURABLE PRIME MINISTER |
| EXHIBIT | P16 TRUE COPY OF REPRESENTATIOND ATED 27- 08-2020 TO THE HONOURABLE MINISTER FOR FERTILIZERS AND CHEMICALS |
| EXHIBIT | P17 TRUE COPY OF REPRESENTATION DATED 02- 04--2020 ADDRESSED TO THE SECRETARY, DEPARTMENT OF CHEMICALS AND PETRO CHEMICALS |
| EXHIBIT | P18 TRUE COPY OF EMAIL DATED 15-01-2021 ISSUED TO THE PETITIONERS FROM THE 5TH RESPONDENT. |
W.P.(C) Nos.3542 & 24213 of 2021
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APPENDIX OF WP(C) 24213/2021
PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SERVICE CERTIFICATE DATED 28.02.2021 ISSUED TO THE PETITIONER. Exhibit P2 TRUE COPY OF THE RELIEVING ORDER DATED 26.02.2021 ISSUED TO THE PETITIONER. Exhibit P3 TRUE COPY OF THE RIGHT TO INFORMATION ACT REPLY NO.PE/RTI/3/683 DATED 05.10.2021.
2 issues framed by the court
Whether respondents are directed to disburse terminal benefits and leave encashment due to retired employees with a time limit despite financial constraints.
Whether the delayed disbursement warrants interest on the benefit amount.
Paul Thachil and others
Union of India
Hill (India) Limited
K.D. George
Chairman & Managing Director, HIL (India) Ltd.
Assistant Manager (HR & Admin), HIL (India) Limited
V.G.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
