IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 16107 of 2011(K) ---------------------------------------- PETITIONER(S): ------------------------- 1. K.VIKRAMAN NAIR, KRISHNA SREE, T.C.7/821, KOCHULLOOR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM- 695 011. 2. K.RADHAKRISHNAN NAIR, SREE RAGAM, T.C.22/462(2) K.R.A.90, MANACADU P.O., THIRUVANANTHAPURAM. 3. S.JAYASREE, T.C.27/1611, JYOTSNA, PATTOOR, VANCHIYOOR P.O., THIRUVANANTHAPURAM, PIN 695 035. 4. C.KARUNAKARAN NAIR, PANANGODE BUILDING, VENJARAMOODU, VENJARAMOODU P.O., THIRUVANANTHAPURAM. 5. P.PADMAVATHY AMMA, DEEPA COTTAGE, GRA 524, GOUREESAPATTOM, PATTOM P.O., THIRUVANANTHAPURAM. 6. MARYKUTTY VARGHESE, KANAKAMPALLIL, KALLAMPALLY, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695 011. 7. CHANDRIKA KUMARI.V., 'SNEH', T.C.48/828(3) POONTHOPPU, KONCHIRAVILA, MANACAUD P.O., THIRUVANANTHAPURAM-695 009. BY SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE, BY ADV. SRI.P.K.MANOJKUMAR, SMT.HENA BAHULEYAN. Kss ..2/- ..2.... WPC.NO.16107/2011 K RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695 001. 3. THE THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LIMITED, HEAD OFFICE, FORT, THIRUVANANTHAPURAM, REPRESENTED BY ITS GENERAL MANAGER, PIN 695 023. 4. THE SENIOR DIVISIONAL MANAGER, LIFE INSURANCE CORPORATION OF INDIA, DIVISIONAL OFFICE, THIRUVANANTHAPURAM-695 004. R1 & R2 BY GOVERNMENT PLEADER SMT. ANITHA R3 BY ADV. SRI. K.G.RADHAKRISHNAN, SC R4 BY ADV. SRI.S.EASWARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.16107/2011 K APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LETTER NO.P&&GD/GGCA/US 77223/45328 DTD. 8/12/2010 ISSUED BY THE 4TH RESPONDENT TO THE THIRD RESPONDENT BANK. P2: COPY OF THE LETTER NO.P&&GD/GGCA/US 77223/45328 DTD. 8/12/2010 ISSUED BY THE 4TH RESPONDENT TO THE THIRD RESPONDENT BANK. P3: COPY OF THE LETTER NO.P&&GGS/GGCA/US 77223/45228 DTD. 25/2/2011 ISSUED BY THE 4TH RESPONDENT TO THE THIRD RESPONDENT BANK. P4: COPY OF THE LETTER NO.P&&GS/GGCA/US 77223/45228 DTD. 9/11/2010 ISSUED BY THE 4TH RESPONDENT TO THE THIRD RESPONDENT BANK. P5: COPY OF THE LETTER NO.P&&GS/GGCA/US 77223/45228 DTD. 28/01/2011 ISSUED BY THE 4TH RESPONDENT TO THE THIRD RESPONDENT BANK. P6: COPY OF THE LETTER NO.P&&GS/GGCA/US 77223/45228 DTD. 28/01/2011 ISSUED BY THE 4TH RESPONDENT TO THE THIRD RESPONDENT BANK. P7: COPY OF THE DECISION NO.20/2010/11 DECISION NO.38, DTD. 31/12/2010 OF THE EXECUTIVE COMMITTEE OF THE THIRD RESPONDENT BANK. P8: COPY OF THE DECISION OF THE THIRD RESPONDENT BANK NO.24/2010-11 DECISION NO.16 DTD. 8/03/2011. P9: COPY OF THE REPRESENTATION DTD. 14/05/2011 SUBMITTED BY THE 1ST PETITIONER TO THE 3RD RESPONDENT BANK PRESIDENT. P10: COPY OF THE REPRESENTATION DTD. 14/05/2011 SUBMITTED BY THE 2ND PETITIONER TO THE 3RD RESPONDENT BANK PRESIDENT. P11: COPY OF THE REPRESENTATION DTD. 07/01/2011 SUBMITTED BY THE 3RD PETITIONER TO THE 3RD RESPONDENT BANK PRESIDENT. P12: COPY OF THE REPRESENTATION DTD. 03/06/2011 SUBMITTED BY THE 4TH PETITIONER TO THE 3RD RESPONDENT BANK PRESIDENT. P13: COPY OF THE REPRESENTATION DTD. 31/05/2011 SUBMITTED BY THE 5TH PETITIONER TO THE 3RD RESPONDENT BANK PRESIDENT. P14: COPY OF THE REPRESENTATION DTD. 03/06/2011 SUBMITTED BY THE 6TH PETITIONER TO THE 3RD RESPONDENT BANK PRESIDENT. P15: COPY OF THE REPRESENTATION DTD. 31/05/2011 SUBMITTED BY THE 7TH PETITIONER TO THE 3RD RESPONDENT BANK PRESIDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.16107 of 2011 ----------------------------------------- Dated this the 13th day of October, 2011 JUDGMENT The petitioners are former employees of the Trivandrum District Co-operative Bank Limited, the third respondent in this writ petition. They retired from service on 31.12.2010, 28.2.2011, 30.11.2010, 31.1.2011, 31.3.2011, 28.2.2011 and 31.12.2010 respectively. The third respondent bank had entered into an arrangement with the Life Insurance Corporation of India whereby the petitioners were entitled to receive, upon retirement, gratuity in excess of the gratuity payable under the Payment of Gratuity Act, 1972. After the petitioners retired from service, the third respondent received from the Life Insurance Corporation of India the sum of Rs.16,09,874/- being the amount payable to each of petitioners 1 and 2, Rs.15,25,606/- being the amount payable to each of petitioners 3 and 4, Rs.14,41,338/- being the amount payable to each of petitioners 5 and 6 and Rs.13,14,937/- being the amount payable to the 7th petitioner under the Group Gratuity Insurance Scheme. The third respondent however paid W.P(C).No.16107 of 2011 -:2:- over to each of the petitioners the sum of Rs.10,00,000/- only. The petitioners thereupon filed representations evidenced by Exts.P9 to P15 before the President of the third respondent society requesting for payment of the balance amount. They contended that under the Group Gratuity Insurance Scheme they are entitled to receive the balance amount. This writ petition was thereafter filed seeking a direction to respondents 2 and 3 to pay the balance amount under the Group Gratuity Insurance Scheme to the petitioners. 2. It is evident from Exts.P1 to P5 letters sent by the Life Insurance Corporation of India to the General Manager of the third respondent bank that under the Group Gratuity Insurance Scheme petitioners 1 and 2 were entitled to receive the sum of Rs.16,09,874/- each, petitioners 3 and 4 were entitled to receive the sum of Rs.15,25,606/- each, petitioners 5 and 6 were entitled to receive the sum of Rs.14,41,338/- each and the seventh petitioner was entitled to receive the sum of Rs.13,14,937/-. The third respondent however, paid over to each of the petitioners the sum of Rs.10,00,000/- only. A learned single Judge of this Court W.P(C).No.16107 of 2011 -:3:- has in Retnavalli v. Ambalapadu Service Co-operative Bank Ltd., 2005 (3) KLT 320 held that where better terms for payment of gratuity exist, employees of co-operative societies are entitled to receive gratuity in excess of the minimum payable under the Payment of Gratuity Act, 1972 notwithstanding the circulars issued by the Registrar of Co-operative Societies limiting payment of gratuity to the statutory minimum. The same view was taken by another Division Bench of this Court in Nedupuzha Service Co-operative Bank Ltd. v. Rugmini, 2011 (3) KLT 134. The learned standing counsel appearing for the Life Insurance Corporation of India submitted that each of the petitioners are entitled to payment in excess of the sum of Rs.10,00,000/- under the Group Gratuity Insurance Scheme and the said amounts were paid over to the third respondent. The learned counsel appearing for the third respondent did not dispute the said submission. In such circumstances, as the issue raised by the petitioners is covered in their favour by the decisions of this Court, I dispose of the writ petition with a direction to the third respondent to pay over to the petitioners the balance amount of gratuity after giving W.P(C).No.16107 of 2011 -:4:- credit to the payment of Rs.10,00,000/- already made to them. Such payment shall be made expeditiously and in any event within one month from the date on which the petitioners produce a certified copy of this judgment before the General Manager of the third respondent bank. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.16107 of 2011 ---------------------------- JUDGMENT 13th October, 2011