IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WP(C).No. 27938 of 2008(A) ------------------------------------ PETITIONER(S): --------------------- N.GOVINDANKUTTY, S/O. LATE RAMAN PANIKKAR, AGED 60 YEARS, BRANCH MANAGER (RTD.), SHORNUR CO-OP. SERVICE BANK LTD., NHALLUR HOUSE, KALLADIPATTA, PALAKKAD DISTRICT. BY ADV. SRI.BINOY VASUDEVAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. JOINT REGISTRAR OF CO-OP.SOCIETIES, PALAKKAD. 4. THE SHORANUR CO-OPERATIVE SERVICE BANK LIMITED, NO.P.578, SHORANUR - 1. *5. THE LIFE INSURANCE CORPORATION OF INDIA, REP. BY ITS DIVISIONAL MANAGER, JEEVAN PRAKASH, MG ROAD, ERNAKLAM. *ADDL. R5 IS IMPLEADED AS PER ORDER IN IA NO. 16108/2008. GOVT. PLEADER SRI. I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/02/2009, ALONG WITH WPC NO. 27941 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 27938/2008 A APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE CERTIFICATE BY THE R4. EXT.P2. COPY OF THE LETTER DT. 11/10/2006 BY THE R4 TO LIC. EXT.P3. COPY OF THE REPRESENTATION DT. 2/4/2008 BY THE PETITIONER. EXT.P4. COPY OF THE CIRCULAR NO. 25/1999 BY THE R2 DT. 22/6/99. EXT.P5. COPY OF THE LETTER TO THE PETITIONER BY THE R4 BANK DT. 11/07/2008. EXT.P6. COPY OF THE JUDGMENT IN WPC NO. 8598/2007. EXT.P7. COPY OF THE JUDGMENT IN WA NO. 1250/2004 AND CONNECTED CASES. RESPONDENTS' EXHIBITS : 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.