High Court Kerala High Court

E.Gopalakrishna Pillai vs The Kalakkode Service … on 24 June, 2009

Kerala High Court
E.Gopalakrishna Pillai vs The Kalakkode Service … on 24 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 17453 of 2009(B)


1. E.GOPALAKRISHNA PILLAI, AKSHARA,
                      ...  Petitioner
2. M.S.RAJENDRAN, M.S.MANDIRAM,
3. G.SUDHA, SREENIKETH,

                        Vs



1. THE KALAKKODE SERVICE CO-OPERATIVE BANK
                       ...       Respondent

2. THE STATE OF KERALA, REPRESENTED BY ITS

3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,

4. THE JOINT REGISTRAR OF CO-OPERATIVE

5. THE LIFE INSURANCE CORPORATION OF INDIA

                For Petitioner  :SRI.PIRAPPANCODE V.S.SUDHIR

                For Respondent  :SRI.B.SURESH KUMAR

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :24/06/2009

 O R D E R
                    ANTONY DOMINIC,J.
                ---------------------
                W.P.(C).No.17453 OF 2009
              ------------------------
            Dated this the 24th day of June, 2009.

                         JUDGMENT

Heard both sides.

2. Petitioners were employees of the first respondent

Bank. In this writ petition, their grievance is that, while

disbursing gratuity that is due the first respondent limited

the same to Rs. 3.5 lakhs. Counsel for the Petitioner

submits that an identical issue has been considered by this

court in Ratnavalli V. Ambalapadu Service Co-operative

Society Ltd.(2005(3) KLT 320) and it has been held that the

Society is liable to disburse the entire gratuity that is due.

Counsel also makes reference to Ext.P3 judgment where an

identical issue has been considered.

3. Having regard to the aforesaid judgments of this

court and since the claim of the Petitioner is identical to the

one upheld by this court, I am satisfied that the petitioners

are entitled to succeed.

WP(c).No.17453/09 2

Accordingly, the writ petition is disposed of directing the

first respondent herein to disburse the petitioner’s balance

amount of gratuity that is due to him under the LIC Group

Gratuity Scheme. This shall be done as expeditiously as

possible and at any rate within 4 weeks from the production of

a copy of the judgment.

(ANTONY DOMINIC)
JUDGE
vi/

WP(c).No.17453/09 3