N.Govindankutty vs State Of Kerala on 3 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27938 of 2008(A)


1. N.GOVINDANKUTTY,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY ITS
                       ...       Respondent

2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,

3. JOINT REGISTRAR OF CO-OP.SOCIETIES,

4. THE SHORANUR CO-OPERATIVE SERVICE BANK

                For Petitioner  :SRI.BINOY VASUDEVAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :03/02/2009

 O R D E R
        Thottathil B. Radhakrishnan, J.
       ==================================
        W.P.(C)Nos.27938 & 27941 of 2008
       ==================================
    Dated this the 3rd day of February, 2009.


                    JUDGMENT

These writ petitions relate to the issue as to

whether the amounts under the Group Gratuity

Scheme could be limited on Rs.3.5 lakhs on the

basis of the directions of the Registrar of Co-

operative Societies. That issue is squarely

covered by the decision of this Court in

Ratnavalli v. Ambalapadu Service C-op.Bank Ltd.

(2005 (3) KLT 320) and confirmed by the Division

Bench in W.A.No.1250 of 2004. Learned counsel

for the Society states that the LIC has released

only amounts at the rate of Rs.3.5 lakhs per

person. The parties will stand governed by the

law as laid above and the petitioner should be

entitled to get the entire amounts due under the

Group Gratuity Scheme while the amounts so due

will depend upon the premium paid and the

WPC27938&27941/08

-:2:-

decision in that regard be necessarily taken by

the LIC and amounts released accordingly.

Writ petition ordered accordingly.

Thottathil B.Radhakrishnan,
Judge.

sl.