IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 WP(C).No. 15957 of 2009(L) -------------------------- PETITIONER(S): --------------- SACHIDANANDAN, S/O. GOPALAN, ANANDA VIHAR, THATTAMALA P.O. KOLLAM. BY ADV. SRI.K.G.BALASUBRAMANIAN RESPONDENT(S): --------------- 1. ADICHANALLOOR FARMERS SERVIE CO-OPERATIVE BANK LTD. R.NO.2609 REP. BY MANAGING DIRECTOR, HEAD OFFICE, ADICHANALLOOR PO, KOLLAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHPAURAM. 3 STATE OF KERALA REP. BY THE SECRETARY, DEPARTMENT OF CO-OPERATION, THIRUVANANTHAPURAM. ADV. SRI.P.SANTHALINGAM, SENIOR ADVOCATE FOR R1 SRI.S.SHARAN FOR R1 BY GOVT. PLEADER SRI. K.C SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.15957 OF 2009 ------------------------ Dated this the 30th day of June, 2009. JUDGMENT The prayer sought for in this writ petition is to declare that Ext.P3 is ultra vires the Payment of Gratuity Act ad to direct the respondents to pay Rs.1,36,027/-, the balance gratuity that is due to the petitioner. 2. Petitioner was an employee of the first respondent who retired from service on 30.11.2008. From Ext.P1, it would appear that a scheme was formulated by the LIC to ensure payment of gratuity to the employees of the Co- operative Societies which was subscribed by the respondent Society as per Ext.P1. As per Ext.P1, the LIC has paid over the Society an amount of Rs.4,86,027/- towards the petitioner's gratuity. However, in view of Ext.P3 circular the petitioner was paid only Rs.3,50,000/-. Representation made by the petitioner for payment of the balance amount also did not yield any result. It was therefore that this writ WP(c).No.15957/09 2 petition is field. 3. On merits, the issue is covered in favour of the petitioner in view of the judgment in Ratnavalli V. Ambalapadu Service Co-operative Soceity Ltd.(2005(3)KLT 320). In view of the aforesaid judgment, irrespective of Ext.P3, the society is bound to pay the petitioner the balance amount received by the Society as per Ext.P1 and withhold by the Society. Therefore, I dispose of this writ petition directing that the society shall pay the balance amount of Rs.1,36,027/- on the production of a copy of the judgment. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.15957/09 3