IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15957 of 2009(L)
1. SACHIDANANDAN
... Petitioner
Vs
1. ADICHANALLOOR FARMERS SERVICE CO-0P BASN
... Respondent
For Petitioner :SRI.K.G.BALASUBRAMANIAN
For Respondent :SRI.P.SANTHALINGAM (SR.)
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :30/06/2009
O R D E R
ANTONY DOMINIC,J.
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W.P.(C).No.15957 OF 2009
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Dated this the 30th day of June, 2009.
JUDGMENT
The prayer sought for in this writ petition is to declare
that Ext.P3 is ultra vires the Payment of Gratuity Act ad to
direct the respondents to pay Rs.1,36,027/-, the balance
gratuity that is due to the petitioner.
2. Petitioner was an employee of the first respondent
who retired from service on 30.11.2008. From Ext.P1, it
would appear that a scheme was formulated by the LIC to
ensure payment of gratuity to the employees of the Co-
operative Societies which was subscribed by the respondent
Society as per Ext.P1. As per Ext.P1, the LIC has paid over
the Society an amount of Rs.4,86,027/- towards the
petitioner’s gratuity. However, in view of Ext.P3 circular the
petitioner was paid only Rs.3,50,000/-. Representation
made by the petitioner for payment of the balance amount
also did not yield any result. It was therefore that this writ
WP(c).No.15957/09 2
petition is field.
3. On merits, the issue is covered in favour of the
petitioner in view of the judgment in Ratnavalli V.
Ambalapadu Service Co-operative Soceity Ltd.(2005(3)KLT
320). In view of the aforesaid judgment, irrespective of Ext.P3,
the society is bound to pay the petitioner the balance amount
received by the Society as per Ext.P1 and withhold by the
Society.
Therefore, I dispose of this writ petition directing that the
society shall pay the balance amount of Rs.1,36,027/- on the
production of a copy of the judgment.
(ANTONY DOMINIC)
JUDGE
vi/
WP(c).No.15957/09 3