IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 WP(C).No. 17957 of 2010(T) ------------------------- PETITIONER : --------------------- K.SIVAN PILLAI, KARTHIKA, KULANGARA BHAGOM, CHAVARA P.O., (RETIRED BRANCH MANAGER, SASTHAMCOTTA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.) SASTHAMCOTTA, KOLLAM DISTRICT. BY ADV. SRI. D. SOMASUNDARAM RESPONDENT(S): ------------------------- 1. SASTHAMCOTTA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., SASTHAMCOTTA, KOLLAM DISTRICT, REPRESENTED BY ITS SECRETARY. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOLLAM. R1 BY ADVS. SRI.V.G.ARUN SRI.T.R.HARIKUMAR R2 BY GOVT. PLEADER SRI. P.M. MANOJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 17957 of 2010(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE INTIMATION DATED 16/02/2010. EXT.P2 : COPY OF THE JUDGMENT IN WRIT PETITION NO. 18669/2009. EXT.P3 : COPY OF THE REPRESENTATION DATED 14/4/2010. EXT.P4 : COPY OF THE RESOLUTION NO. VI DATED 25/01/2010 TAKEN DOWN FROM THE MINUTES. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 17957 OF 2010 -------------------------- Dated this the 13th day of January, 2011 J U D G M E N T The petitioner is a former employee of the first respondent bank. He retired from service on 28.2.2010. Upon retirement, the bank paid him the sum of Rs.3,50,000/- towards Gratuity. The petitioner submits that he was a member of the Group Gratuity Endowment Insurance Scheme of the Life Insurance Corporation of India and that under the policy, he was entitled to receive the sum of Rs.5,26,716/-. The petitioner contends relying on the decision of this Court in Ratnavalli v. Ambalapadu Service Co-operative Bank (2005 (3) KLT 320) that he is entitled to better benefits under the Group Gratuity Endowment Insurance Scheme of the Life Insurance Corporation of India and that the ceiling on Gratuity prescribed under the Payment of Gratuity Act, 1972 will not therefore apply to him. In this writ petition, the petitioner seeks a direction to the first respondent to pay the balance amount of Rs.1,76,716/- towards Gratuity. 2. The first respondent bank has been served and has entered appearance through counsel. Sri.V.G.Arun, learned counsel appearing for the first respondent bank submitted that WPC No.17957/2010 2 under the Group Gratuity Endowment Insurance Scheme, the petitioner is entitled to receive the sum of Rs.5,26,716/-, that the said amount was received from the Life Insurance Corporation of India by cheque but the petitioner was paid only the sum of Rs.3,50,000/- in view of the stipulations contained in the Payment of Gratuity Act, 1972. The learned counsel submitted that in view of the decision of this Court in Ratnavalli v. Ambalapadu Service Co-operative Bank (supra) the first respondent bank will disburse the balance amount of Gratuity to the petitioner expeditiously. In the light of the submissions made at the Bar by the learned counsel on either side, I dispose of this writ petition with a direction to the first respondent bank to pay over the entire amount of Gratuity namely the sum payable under the Group Gratuity Endowment Insurance Scheme of the Life Insurance Corporation of India expeditiously and in any event within one month from the date of receipt of a certified copy of this judgment. Needless to say it will be open to the first respondent bank to give credit to the payment already made by it. P.N.RAVINDRAN, (JUDGE) vps WPC No.17957/2010 3 WPC No.17957/2010 4