IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 WP(C).No. 8583 of 2007(V) ------------------------- PETITIONER(S): --------------- 1. KAMALAN, S/O.GOPALAN, GOPALAYAM, NADAKKAL ADUTHALA P.O., KOLLAM-691 579. ADD.2. PRAMELA W/O.GOPALAN, GOPALAYAM, NADAKKAL ADUTHALA P.O., KOLLAM 691 579. (ADDL.P2 IMPLEADED VIDE ORDER DATED 18.12.2008 ON I.A.NO.15844/08) BY ADV. SRI.K.G.BALASUBRAMANIAN RESPONDENT(S): --------------- 1. NADAKKAL SERVICE CO-OPERATIVE BANK LTD.R.NO.1874, REPRESENTED BY ITS SECRETARY, HEAD OFFICE, KALLUVATHUKKAL, KOLLAM-691 578. 2. THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES, KOLLAM. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF CO-OPERATION, THIRUVANANTHAPURAM. ADDL.5. THE LIFE INSURANCE CORPORATION OF INDIA PENSION AND GROUP SCHEMES DEPARTMENT, THIRUVANANTHAPURAM. (ADDL.R5 IMPLEADED VIDE ORDER DATE 18.2.2008 IN THE W.P(C).) R1 BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL ADDL.R5 BY SRI.N.RAJAGOPALAN NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/01/2009, ALONG WITH WPC NO. 8609 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.8583/07 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF LETTER DATED 26.12.2006 FROM LIC TO 1ST RESPONDENT. EXT.P2: TRUE COPY OF LETTER DATED 7.2.2007 FROM PETITIONER TO 1ST RESPONDENT. EXT.P3: TRUE COPY OF CIRCULAR NO.25/1999. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).Nos.8583 & 8609 OF 2007 ------------------------------------------- Dated this the 29th day of January, 2009 JUDGMENT These writ petitions are filed raising the question as to whether the statutory authorities under the Kerala Co-operative Societies Act, 1969 or the employer societies could peg retiral benefits due to the employees of the co-operative societies to any amount lesser than that accrued to them under the LIC Group Gratuity Scheme. The issue is covered in favour of the petitioners by the decision of this Court in Retnavalli v. Ambalapadu Service Co-operative Bank Ltd. {2005 (3) KLT 320}, which has found approval of the Division Bench of this Court by judgment dated 8.8.2008 in W.A.No.1250/04. Hence, the petitioners will be released amounts without deducing any amount therefrom. These writ petitions are disposed of accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.