Kamalan vs Nadakkal Service Co-Operative … on 29 January, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 8583 of 2007(V)


1. KAMALAN, S/O.GOPALAN,
                      ...  Petitioner

                        Vs



1. NADAKKAL SERVICE CO-OPERATIVE BANK
                       ...       Respondent

2. THE ASSISTANT REGISTRAR,

3. THE REGISTRAR OF CO-OPERATIVE

4. STATE OF KERALA, REPRESENTED BY THE

                For Petitioner  :SRI.K.G.BALASUBRAMANIAN

                For Respondent  :SRI.VINOY VARGHESE KALLUMOOTTILL

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :29/01/2009

 O R D E R
           THOTTATHIL B.RADHAKRISHNAN, J.
                  -------------------------------------------
                W.P(C).Nos.8583 & 8609 OF 2007
                  -------------------------------------------
            Dated this the 29th day of January, 2009


                              JUDGMENT

These writ petitions are filed raising the question as to

whether the statutory authorities under the Kerala Co-operative

Societies Act, 1969 or the employer societies could peg retiral

benefits due to the employees of the co-operative societies to any

amount lesser than that accrued to them under the LIC Group

Gratuity Scheme. The issue is covered in favour of the

petitioners by the decision of this Court in Retnavalli v.

Ambalapadu Service Co-operative Bank Ltd. {2005 (3) KLT

320}, which has found approval of the Division Bench of this

Court by judgment dated 8.8.2008 in W.A.No.1250/04. Hence,

the petitioners will be released amounts without deducing any

amount therefrom. These writ petitions are disposed of

accordingly.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge.

kkb.