1 W.P.(C) Nos. 25491 & 25808 of 2024 2025:KER:29534 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 25491 OF 2024 PETITIONERS: JAYADEVI.A.K. AGED 61 YEARS, W/O.A.K.JOSHY, RESIDING AT ALINGAPOKKATH HOUSE, KIZHAKKEPPRAM, THATHAPPILLY.P.O., NORTH PARAVOOR, [OFFICER (ACCOUNTS), HIL (INDIA) LTD., UDYOGAMANDAL, RETIRED ON 30.4.2023]., PIN – 683520. BY ADVS. K. P. JUSTINE (KARIPAT) A. JOSEPH GEORGE (AZHIKKAKATH) RESPONDENTS: 1 THE HIL (INDIA) LTD., REP. BY ITS MANAGING DIRECTOR, CORE – 6, 2ND FLOOR, SCOPE COMPLEX, LODHI ROAD, NEW DELHI., PIN – 110003. 2 THE MANAGING DIRECTOR, HIL (INDIA) LTD., CORE – 6, 2ND FLOOR, SCOPE COMPLEX, LODHI ROAD, NEW DELHI, PIN – 110003. 3 THE MANAGER (HR & ADMN.) IN CHARGE, HIL (INDIA) LTD., UDYOGAMANDAL, PIN – 683501. 4 THE SPECIAL OFFICER, HIL (INDIA) LTD., UDYOGAMANDAL, PIN – 683501. 2 W.P.(C) Nos. 25491 & 25808 of 2024 2025:KER:29534 BY ADVS. Gopikrishnan Nambiar M K. JOHN MATHAI(K/413/1984) JOSON MANAVALAN(J-526) KURYAN THOMAS(K/131/2003) PAULOSE C. ABRAHAM(MAH/58/2006) RAJA KANNAN(K/356/2008) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.04.2025, ALONG WITH WP(C).25808/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 W.P.(C) Nos. 25491 & 25808 of 2024 2025:KER:29534 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 25808 OF 2024 PETITIONER: AJITHAKUMARI M. S., AGED 62 YEARS, W/O. LATE K. R. SASIKUMAR, RESIDING AT ‘DEEPAM’(MAPPALA), MANJUMMEL, UDYOGAMANDAL.P.O., ERNAKULAM DISTRICT, [ASSISTANT, SPECIAL GRADE, HIL (INDIA) LTD., UDYOGAMANDAL, RETIRED ON 30.09.2022, PIN – 683501. BY ADVS. K. P. JUSTINE (KARIPAT) A. JOSEPH GEORGE (AZHIKKAKATH) RESPONDENTS: 1 THE HIL (INDIA) LTD., REP. BY ITS MANAGING DIRECTOR, CORE – 6, 2ND FLOOR, SCOPE COMPLEX, LODHI ROAD, NEW DELHI, PIN – 110003. 2 THE MANAGING DIRECTOR, HIL (INDIA) LTD., CORE – 6, 2ND FLOOR, SCOPE COMPLEX, LODHI ROAD, NEW DELHI, PIN – 110003. 3 THE MANAGER (HR & ADMN.) IN CHARGE, HIL (INDIA) LTD., UDYOGAMANDAL, ERNAKULAM DISTRICT, PIN – 683501. 4 THE SPECIAL OFFICER, HIL (INDIA) LTD., UDYOGAMANDAL, ERNAKULAM DISTRICT, PIN – 683501. 4 W.P.(C) Nos. 25491 & 25808 of 2024 2025:KER:29534 BY ADVS. GOPIKRISHNAN NAMBIAR M. - SC K.JOHN MATHAI(K/413/1984) JOSON MANAVALAN(J-526) KURYAN THOMAS(K/131/2003) PAULOSE C. ABRAHAM(MAH/58/2006) RAJA KANNAN(K/356/2008) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.04.2025, ALONG WITH WP(C).25491/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 5 W.P.(C) Nos. 25491 & 25808 of 2024 2025:KER:29534 D. K. SINGH, J. -------------------------- W.P.(C) Nos. 25491 & 25808 of 2024 ------------------------- Dated this the 3rd day of April, 2025 JUDGMENT 1. These writ petitions have been filed by the petitioners who are the ex-employees of HIL (Hindustan Insecticides Limited) (India) Ltd. Out of three Units of the said Company, the two units of the said Company are closed and only one Unit in Maharashtra is functioning. The petitioners were employees of the Kerala Unit of the said Company. The Company is dependent on the funds granted by the Central Government to disburse the statutory dues of the employees and other statutory dues. The Company has disbursed all the retiral dues after it got the funds from the Central Government, however, it has not remitted statutory interest. These writ petitions have been filed claiming interest for the delayed payment of the gratuity and leave surrender. 2. Ms. Pooja Menon, the learned Counsel for the respondent Company submits that, if the petitioners are aggrieved by the non- payment of the statutory interest, they may approach the appellate authority under the Payment of Gratuity Act, 1972. However, 6 W.P.(C) Nos. 25491 & 25808 of 2024 2025:KER:29534 considering the difficult financial stringency of the Company, this Court may not grant the order for payment of the statutory interest to the petitioners. 3. I find substance in the submission made by the learned Counsel for the respondent Company. If the petitioners are of the view that the statutory interest is not being paid on delayed payment of the gratuity etc., they have remedy of approaching the authority under the Payment of Gratuity Act, 1972 and if they approach the statutory authority for the reliefs sought for in this writ petition, the statutory authority will adjudicate the claim of the petitioners and pass appropriate orders expeditiously. With the aforesaid observations and liberty, these writ petitions are hereby closed. Sd/- D. K. SINGH JUDGE Svn 7 W.P.(C) Nos. 25491 & 25808 of 2024 2025:KER:29534 APPENDIX OF WP(C) 25808/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF MEMORANDUM NO.PE-1/1417/322 DATED 01.09.2022 ISSUED BY THE 3RD RESPONDENT EXHIBIT P2 TRUE COPY OF THE BRIEF STATEMENT OF CALCULATION DATED 13.09.2022 ISSUED BY THE 3RD RESPONDENT EXHIBIT P3 TRUE COPY OF THE BANK STATEMENT ISSUED BY THE BANK OF INDIA, UDYOGAMANDAL BRANCH EXHIBIT P4 TRUE COPY OF THE NOTICE FOR PAYMENT OF GRATUITY ISSUED BY THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT AND ASSISTANT LABOUR COMMISSIONER (C), ERNAKULAM, ISSUED TO THE PETITIONER, DATED 3.11.2023 EXHIBIT P5 TRUE COPY OF A NOTE DATED 05.06.2024 OF THE 3RD RESPONDENT OBTAINED FROM THE INTERNET EXHIBIT P5(A) TRUE COPY OF THE LEGIBLE TYPED COPY OF EXT.P5 EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 1.4.2022 IN W.P.(C) NO.24213/2021 FILED BY SRI.K.D.GEORGE 8 W.P.(C) Nos. 25491 & 25808 of 2024 2025:KER:29534 APPENDIX OF WP(C) 25491/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF MEMORANDUM NO.PE-1/1433 DATED 28.04.2023 ISSUED BY THE 3RD RESPONDENT EXHIBIT P2 TRUE COPY OF THE BRIEF STATEMENT OF CALCULATION DATED 17.04.2023 ISSUED BY THE 3RD RESPONDENT EXHIBIT P3 TRUE COPY OF THE BANK STATEMENT ISSUED BY THE BANK OF INDIA, UDYOGAMANDAL BRANCH EXHIBIT P4 TRUE COPY OF THE NOTICE FOR PAYMENT OF GRATUITY ISSUED BY THE CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT AND ASSISTANT LABOUR COMMISSIONER (C), ERNAKULAM, DATED 3.11.2023 EXHIBIT P5 TRUE COPY OF A NOTE DATED 05.06.2024 OF THE 3RD RESPONDENT OBTAINED FROM THE INTERNET EXHIBIT P6 TRUE COPY OF THE LEGIBLE COPY OF EXT.P5 EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 1.4.2022 IN W.P.(C) NO.24213/2021 FILED BY SRI.K.D.GEORGE