IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 17453 of 2009(B) -------------------------- PETITIONER(S): --------------- 1. E.GOPALAKRISHNA PILLAI, AKSHARA, OZHUKUPARA, NEDUNGOLAM P.O., KOLLAM-691 334. 2. M.S.RAJENDRAN, M.S.MANDIRAM, KALAKKODE P.O., S.PARAVUR, KOLLAM DISTRICT. 3. G.SUDHA, SREENIKETH, KALAKKODE P.O., S.PARAVUR, KOLLAM DISTRICT. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT(S): --------------- 1. THE KALAKKODE SERVICE CO-OPERATIVE BANK LIMITED NO.1194, KALAKKODE P.O., POOTHAKKULAM, KOLLAM-691 302, REPRESENTED BY ITS SECRETARY. 2. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOLLAM. 5. THE LIFE INSURANCE CORPORATION OF INDIA PENSION AND GROUP SCHEMES DEPARTMENT, THIRUVANANTHAPURAM. ADV. SRI.B.SURESH KUMAR FOR R1 BY GOVT. PLEADER SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.17453 OF 2009 ------------------------ Dated this the 24th day of June, 2009. JUDGMENT Heard both sides. 2. Petitioners were employees of the first respondent Bank. In this writ petition, their grievance is that, while disbursing gratuity that is due the first respondent limited the same to Rs. 3.5 lakhs. Counsel for the Petitioner submits that an identical issue has been considered by this court in Ratnavalli V. Ambalapadu Service Co-operative Society Ltd.(2005(3) KLT 320) and it has been held that the Society is liable to disburse the entire gratuity that is due. Counsel also makes reference to Ext.P3 judgment where an identical issue has been considered. 3. Having regard to the aforesaid judgments of this court and since the claim of the Petitioner is identical to the one upheld by this court, I am satisfied that the petitioners are entitled to succeed. WP(c).No.17453/09 2 Accordingly, the writ petition is disposed of directing the first respondent herein to disburse the petitioner's balance amount of gratuity that is due to him under the LIC Group Gratuity Scheme. This shall be done as expeditiously as possible and at any rate within 4 weeks from the production of a copy of the judgment. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.17453/09 3