IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 32867 of 2010(G) ----------------------------------------- PETITIONER(S): ------------------------ V.JANARDHANAN, S/O.LATE A.V.KRISHNAN, CHOYAMKODE, POST CHAYYOTH, VIA.NEELESWHAR, KASARAGOD DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): --------------------------- KINANUR SERVICE CO-OPERATIVE BANK LTD. NO.C(FF) 30, KINANUR, CHOYAMKODE, POST CHAYYOTH, KASARAGOD, (PIN) 671 314, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.SURESH KUMAR KODOTH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.32867/2010 G APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RESOLUTION OF THE RESPONDENT BANK DTD. 7/11/2009. P2: COPY OF COMMUNICATION ALONG WITH THE CHEQUE DTD. 10/02/2010 ISSUED BY LIC TO THE RESPONDENT BANK. P3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE RESPONDENT BANK DTD. 10/07/2010. P4: COPY OF THE COMMUNICATION ISSUED BY THE SECRETARY OF THE RESPONDENT BANK TO THE PETITIONER DTD. 2/08/2010. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 32867 OF 2010 -------------------------- Dated this the 19th day of July, 2011 J U D G M E N T The petitioner is a former employee of the respondent society. He retired from service on attaining the age of superannuation on 31.1.2010. Upon retirement he was paid Rs.3,50,000/- towards gratuity from the amount received by the society from the Life Insurance Corporation of India under the Group Gratuity Life Assurance Scheme (hereinafter referred to as 'the Scheme' for short). This writ petition is filed contending that though the Life Insurance Corporation of India had paid over the sum of Rs.6,76,831/- to the society, the society paid over to the petitioner the sum of Rs.3,50,000/- only and that by virtue of the provisions contained in sub section (5) of section 4 of the Payment of Gratuity Act, 1972 the petitioner is entitled to the entire sum of Rs.6,76,831/-. Reliance is placed on the decision of this Court in Ratnavally v. Ambalapadu Service Co-operative Bank (2005 (3) KLT 320) in support of the said contention. In this writ petition, the petitioner seeks a direction to the respondent to disburse the balance amount of Rs.3,26,831/- with interest from 10.2.2010. 2. Though the respondent has been served, the respondent WPC No.32867/2010 2 has not so far filed a counter affidavit disputing the claim made by the petitioner that under the Scheme, the Life Insurance Corporation of India had paid over to the respondent society the sum of Rs.6,76,831/-. The entitlement of the petitioner for better gratuity in terms of section 4(5) of the Payment of Gratuity Act is also not disputed. In such circumstances, following the decision of this Court in Ratnavally v. Ambalapadu Service Co-operative Bank (Supra), I hold that the petitioner is entitled to succeed. I accordingly dispose of the writ petition with a direction to the respondent to pay over to the petitioner the sum of Rs.3,26,831/- within one month from today failing which the petitioner will be entitled to simple interest on the sum of Rs.3,26,831/- at 10% per annum from 10.2.2010, the date on which the respondent bank received the sum of Rs.6,76,831/- from the Life Insurance Corporation of India, till the date of payment. P.N.RAVINDRAN, (JUDGE) vps