IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 WP(C).No. 19272 of 2010(H) ----------------------------------------- PETITIONER(S): ------------------------- RAVEENDRAN PILLAI T.N., AR MANDIRAM, POOTHAKULAM P.O., KOLLAM 691 302. BY ADV. SRI.B.SURESH KUMAR RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOLLAM. 4. THE KALAKKODE SERVICE CO-OPERATIVE BANK LIMITED NO.1194, KALAKKODE P.O., POOTHAKKULAM, KOLLAM 691 302, REPRESENTED BY ITS SECRETARY. R1 TO R3 BY SR.GOVERNMENT PLEADER SRI. K.S.MUHAMMED HASHIM R4 BY ADV. SRI.V.VENUGOPALAN NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.19272/2010 H APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMMUNICATION DTD. 13/05/2010 ISSUED TO THE SOCIETY BY THE LIFE INSURANCE CORPORATION OF INDIA. P2: COPY OF THE JUDGMENT DTD. 29/01/2009 IN WP(C) NO.8609/2007 PASSED BY THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.SURENDRA MOHAN, J ........................................... WP(C).NO.19272 OF 2010 ............................................ DATED THIS THE 6TH DAY OF JULY, 2010 JUDGMENT The petitioner is a retired employee of the first respondent. He retired from service on 30.4.2010. The Society had an arrangement with the Life Insurance Corporation of India (LIC) to have the liability for payment of gratuity to its employees satisfied through the Employees Group Gratuity Life Assurance Scheme. As per the Scheme, the LIC is alleged to have paid an amount of Rs.5,40,808/- to the Society towards gratuity payable to the petitioner. However, the petitioner complains that he has been paid only an amount of Rs.3,50,000/-. Thus, the amount in excess of Rs.3,50,000/- has been retained by the Society without any authority or justification. 2. The counsel for the petitioner relies on the decision of this court in Retnavalli V. Ambalapad Service Co-operative Society (2005(3) KLT 320) where it has been held that the Society is liable to disburse to the petitioner the entire gratuity due as per the Payment of Gratuity Act. The counsel for the petitioner also relies on the judgment Wpc 19272/2010 2 of this court dated 24.6.2009 in WP(C)17453 of 2009 wherein a similar relief has been granted with respect to the three employees of the fourth respondent Society. 3. In view of the fact that the issue has been settled by the decisions referred to above, I find no reason to deny to the petitioner the same relief. 4. Accordingly, this writ petition is disposed of directing the fourth respondent to disburse to the petitioner, the balance amount of gratuity that is due to him under the LIC Group Gratuity Scheme. This shall be done as expeditiously as possible, at any rate, within a period of four weeks from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE lgk