IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 WP(C).No. 8697 of 2010(J) ---------------------------------------- PETITIONER(S): ------------------------ V.C. BHAGHAVALSINGH, AGED 58 YEARS, S/O. CHATHU, VARIYATHUPARAMBIL HOUSE, PURATHUR, P.O. ALAPPAD, THRISSUR DISTRICT. BY ADV. SRI.C.D.DILEEP RESPONDENT(S): -------------------------- 1. TRICHUR TALUK CHETHU THOZHILALI MULTI -PURPOSE CO-OPERATIVE SOCIETY LTD. NO.4137, ANTHIKKAD, THRISSUR, REPRESENTED BY ITS SECRETARY. 2. LIFE INSURANCE CORPORATION OF INDIA, REPRESENTED BY ITS DIVISIONAL MANAGER, JEEVAN PRAKASH, M.G. ROAD, ERNAKULAM. 3. JOINT REGISTRAR CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR. 4. REGISTRAR, CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. R1 BY ADVS.SRI.V.M.KRISHNAKUMAR, SMT.P.A.ANITHA. R2 BY ADV. SMT.PRABHA R.MENON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.8697/2010 J APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SALARY CERTIFICATE ISSUED BY THE 1ST RESPONDENT DTD. 12/03/2010. P2: COPY OF THE CIRCULAR NO.25/1999 ISSUED BY THE 4TH RESPONDENT REGISTRAR DTD. 22/06/1999. P3: COPY OF THE REPRESENTATION GIVEN TO THE 1ST RESPONDENT DTD. 20/01/2010 & 05/03/2010. P4: COPY OF THE COMMUNICATION OF THE 1ST RESPONDENT ISSUED TO THE PETITIONER DTD. 08/02/2010. P5: COPY OF THE REPRESENTATION FILED BY THE PETITIONER TO THE 3RD RESPONDENT DTD. 07/03/2010. P6: COPY OF THE JUDGMENT IN WP(C) NO.17842 OF 2009 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.SURENDRA MOHAN, J ........................................... WP(C).NO.8697 OF 2010 ............................................ DATED THIS THE 6TH DAY OF JULY, 2010 JUDGMENT The petitioner is a retired Accountant of the first respondent, Co-operative Society. He retired from service on 31.12.2009. He complains that the full amount of gratuity due to him has not been paid by the Society, till date. According to the petitioner, the first respondent has entered into an agreement with the Life Insurance Corporation (LIC) constituting a Group Gratuity Cash Accumulation Scheme under which a Gratuity Fund Trust has also been created. As per the agreement, the LIC had agreed to make available to the employees of the Bank, the necessary amount that is payable as gratuity to each employee. As per the Scheme, the petitioner claims that he is entitled to a total amount of Rs.5,59,292/-. However, he has been paid only an amount of Rs.3,50,000/- relying on Ext.P2 Circular. Therefore, the petitioner claims payment of the balance amount of Rs.2,09,292/-. 2. The counsel for the petitioner relies on the judgment of this court in Ratnavalli V. Ambalapadu Service Co-operative Society Wpc 8697/2010 2 Ltd.(2005(3) KLT 320) which has been approved by the Division Bench of this court in the judgment dated 8.8.2008 in W.A.1250 of 2004. The counsel for the first respondent Bank submits that the Society is only liable to pay the amount that has been actually given by the LIC. 3. Since the issue is covered by the decision of this court cited supra, I do not find any reason to deny to the petitioner, the same relief. I also notice that in the other writ petitions, similarly placed employees have been granted the very same relief. 4. In the above circumstances, this writ petition is disposed of directing the first respondent to pay to the petitioner, the balance amount of Rs.2,09,292/- that is due to the petitioner, as expeditiously as possible and at any rate, within a period of two months from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE lgk