IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WP(C).No. 9908 of 2009(G) -------------------------------------- PETITIONER(S): ------------------------ KRISHNAN ACHARI,KALABHAVAN, PALLIKKAL P.O. VELLARAMKUNNU, KOTTARAKKARA. BY ADV. MR.K.G.BALASUBRAMANIAN RESPONDENT(S): ------------------------ 1. THE CHITHARA SERVICE CO-OPERATIVE BANK LTD,REPRESENTED BY ITS SECRETARY, CHITHARA, KOLLAM 691559 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. STATE OF KERALA REPRESENTED BY THE SECRETARY,DEPARTMENT OF CO-OPERATION THIRUVANANTHAPURAM. BY ADVS. MR.PHILIP T.VARGHESE FOR R1 MR.THOMAS T.VARGHESE FOR R1 BY GOVT. PLEADER MR.MOHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.9908/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LETTER DT. 9.2.07 FROM LIC TO THE IST RESPONDENT P2:- COPY OF THE LETTER DT. 29.1.09 FROM PETITIONER TO THE IST RESPONDENT. P3:- COPY OF THE CIRCULAR NO.25/99. TRUE COPY P.A. TO JUDGE TSS ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.9908 of 2009 --------------------------------- Dated, this the 23rd day of June, 2009 J U D G M E N T Challenge in the writ petition is against Ext.P3, a circular issued by the Registrar of Co-operative Societies fixing upper limit of Rs.3,50,000/- as the maximum gratuity payable to the employees of the Society. 2. In the judgment in Retnavalli v. Ambalapadu Service Co- operative Bank Limited (2005(3) KLT 320), this Court has already held that such fixation of upper limit is illegal. 3. Taking into account the above, the writ petition is disposed of quashing Ext.P3 and directing that the balance gratuity due to the petitioner will be disbursed. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg