Krishnan Achari vs The Chithara Service … on 23 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 9908 of 2009(G)


1. KRISHNAN ACHARI,KALABHAVAN, PALLIKKAL
                      ...  Petitioner

                        Vs



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

2. THE REGISTRAR OF CO-OPERATIVE

3. STATE OF KERALA REPRESENTED BY THE

                For Petitioner  :SRI.K.G.BALASUBRAMANIAN

                For Respondent  :SRI.PHILIP T.VARGHESE

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :23/06/2009

 O R D E R
                       ANTONY DOMINIC, J.
                  -------------------------
                     W.P.(C.) No.9908 of 2009
            ---------------------------------
             Dated, this the 23rd day of June, 2009

                           J U D G M E N T

Challenge in the writ petition is against Ext.P3, a circular

issued by the Registrar of Co-operative Societies fixing upper limit

of Rs.3,50,000/- as the maximum gratuity payable to the

employees of the Society.

2. In the judgment in Retnavalli v. Ambalapadu Service Co-

operative Bank Limited (2005(3) KLT 320), this Court has already

held that such fixation of upper limit is illegal.

3. Taking into account the above, the writ petition is

disposed of quashing Ext.P3 and directing that the balance gratuity

due to the petitioner will be disbursed.

The writ petition is disposed of as above.

(ANTONY DOMINIC, JUDGE)
jg