IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH MARCH 2011 / 16TH PHALGUNA 1932 WP(C).No. 13518 of 2010(L) ---------------------------------------- PETITIONER(S): ------------------------ V.K.VENUGOPAL, KANAMKATTUVELY, CHERTHALA SOUTH, ALAPPUZHA. BY ADV. SRI.P.N.MOHANAN RESPONDENT(S): --------------------------- 1. BRANCH MANAGER, LIFE INSURANCE CORPORATION OF INDIA, P & GS DEPARTMENT, JEEVAN JYOTHI, STAR JUNCTION, KOTTAYAM. 2. CHERTHALA SOUTH SERVICE CO-OPERATIVE BANK LTD. NO.1344, CHERTHALA SOUTH P.O., PIN 688 552. R1 BY ADV. SMT.PRABHA R.MENON R2 BY ADV. SRI.G.GOPAKUMAR (CHERTHALA) SRI.C.H.CHANDRABHANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.13518/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE POLICY ISSUED BY THE FIRST RESPONDENT,LIC. P2 COPY OF THE DEMAND MADE BY THE FIRST RESPONDENT. P3 COPY OF THE DEMAND MADE BY THE LIC AMOUNTING TO RS.2,47,901/- P4 COPY OF THE PROCEEDINGS DATED 12/3/2010 OF THE LIC. P5 COPY OF THE COMMUNICATION DATED 1/1/2010 OF THE LIC RESPONDENT'S EXHIBITS: R1(A) COPY OF THE COST AND BENEFIT SCHEDULE. /TRUE COPY/ P.A.TO.JUDGE sts ANTONY DOMINIC, J. ------------------------- W.P (C) No. 13518 of 2010 -------------------------- Dated this the 7th March, 2011 J U D G M E N T The prayers sought in the writ petition are the following: " i) issue a writ of mandamus or any appropriate writ order or direction directing the respondents to pay balance gratuity amount of Rs.50,379/- with interest. ii) declare that petitioner is entitled to get gratuity amounting to Rs.3,64,980/- in terms of sub Section 5 of Section 4 of Gratuity Act 2. Petitioner is a retied employee of the 2nd respondent. The prayer sought is on the basis that the petitioner is entitled to be cleared a total amount of Rs.3,64,980/- towards gratuity but however, was paid only Rs.3,14,583/- based on a policy subscribed by the 2nd respondent with the 1st respondent. 3. Similar claim raised by persons like the petitioner has already been upheld by this Court in the judgment Retnavalli Vs. Ambalapadu Service Co-operative W.P (C) No.13518 of 2010 2 Bank Ltd [ 2005 (3) KLT 320). 4. Having regard to the above, the petitioner is entitled to succeed. Therefore, the writ petition is disposed of directing the 2nd respondent to disburse an amount of Rs.50,379/- being the balance gratuity due to the petitioner. This shall be done as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment along with copy of the writ petition. Sd/- ANTONY DOMINIC JUDGE ma /True copy/ P.A to Judge