IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 WP(C).No. 32860 of 2010(F) -------------------------- PETITIONER(S): --------------- M.A.THOMAS, S/O.LATE AUGUSTINE, MILACKIL HOUSE, CHITTARIKKAL.P.O., KASARAGODE DISTRICT-671 326. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): --------------- THE EAST ELERI SERVICE CO-OPERATIVE BANK LTD.NO.8833, CHITTARIKKAL.P.O., KASARAGOD DISTRICT-671 326, REPRESENTED BY ITS SECRETARY. ADV. SRI.N.RAGHURAJ FOR R1 SMT.K.AMMINIKUTTY FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.32860/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE RESOLUTION OF THE RESPONDENT BANK DATED 11.2.2010. EXT.P2. TRUE COPY OF COMMUNICATION ALONG WITH THE CHEQUE DATED 21.05.2010 ISSUED BY LIC TO THE RESPONDENT BANK. EXT.P3. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE RESPONDENT BANK DATED 25.6.2010. EXT.P4. TRUE COPY OF THE COMMUNICATION ISSUED BY THE SECRETARY OF THE RESPONDENT BANK TO THE PETITIONER DATED 6.7.2010. EXT.P5. DTRUE COPY OF THE JUDGMENT DATED 19.7.2011 IN W.P(C)NO.32867/2010. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.32860 of 2010 ----------------------------------------- Dated this the 7th day of December, 2011 JUDGMENT The petitioner was a former employee of the respondent society. He retired from service on 28.2.2010 on attaining the age of superannuation. Upon retirement the petitioner was paid the sum of Rs.3,50,000/- towards gratuity. This writ petition is filed contending that under a group gratuity assurance scheme of the Life Insurance Corporation of India the respondent bank had received the sum of Rs.8,91,283/- for payment to the petitioner by way of gratuity, that only a portion thereof was paid and that in the light of the decisions of this Court in Ratnavally v. Ambalapadu Service Co-operative Bank, 2005 (3) KLT 320 and in Nedupuzha Service Co-operative Bank Ltd. v. Rugmini, 2011 (3) KLT 134, the petitioner is entitled to receive payment of the balance amount of Rs.5,41,283/-. In this writ petition the petitioner seeks a direction to the respondent to pay the balance amount of gratuity with interest from 21.5.2010 onwards. 2. When the writ petition came up for hearing today Sri.N.Reghuraj, learned counsel appearing for the respondent, W.P(C).No.32860 of 2010 -:2:- submitted that under the group gratuity assurance scheme the bank had received from the Life Insurance Corporation of India the sum of Rs.8,91,283/- and that out of the said sum, the sum of Rs.3,50,000/- alone was paid to the petitioner. In the light of the admitted fact that the respondent had received from the Life Insurance Corporation of India the sum of Rs.8,91,283/- for payment to the petitioner by way of gratuity, I am of the opinion that in the light of the decisions of this Court in Ratnavally v. Ambalapadu Service Co-operative Bank, 2005 (3) KLT 320 and in Nedupuzha Service Co-operative Bank Ltd. v. Rugmini 2011 (3) KLT 133 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.5,41,283/- within one month from today, failing which the petitioner will be entitled to realize from the respondent simple interest on the sum of Rs.5,41,283/- at 10% per annum from 21.5.2010, the date on which the respondent bank paid the sum of Rs.3,50,000/- to the petitioner. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.32860 of 2010 ---------------------------- JUDGMENT 7th December, 2011