IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL MONDAY, THE 20TH DAY OF MARCH 2023 / 29TH PHALGUNA, 1944 WP(C) NO. 36143 OF 2010 PETITIONER: GEORGE JOSEPH S/O.JOSEPH, NADUPARAMBIL HOUSE, MELUKAVUMATTOM P.O., KOTTAYAM DISTRICT, PIN-686 652. BY ADV SRI.P.V.BABY RESPONDENTS: 1 THE MELUKAVU SERVICE CO-OPERATIVE BANK LTD.NO.3183, MELUKAVUKARA, MELUKAVUMATTOM P.O., KOTTAYAM DISTRICT, PIN-686 652, REPRESENTED BY ITS SECRETARY. 2 THE LIFE INSURANCE CORPORATION OF INDIA KOTTAYAM DIVISION, KOTTAYAM-686 001, REPRESENTED BY ITS DIVISIONAL MANAGER. BY ADVS. SMT.ASHA CHERIAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH SRI.P.B.SAHASRANAMAN SRI.M.A.THOMAS KUTTY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C)No.36143/2010 2 JUDGMENT This Court vide judgment dated 02.11.2017 disposed of this writ petition along with connected matters, filed on behalf of the employees of the Co-operative Societies claiming gratuity in respect of the cases where the scheme linked to the LIC, in view of the judgment of the Full Bench in Chandrasekharan Nair.G. and others v. Kerala State Co-operative Agricultural and Rural Development Bank Ltd. and others [2017(4) KLT 276]. Direction was issued to the respective societies to pay off the entire amount remaining balance to the petitioners, therein, as per the LIC linked policy scheme within a period of two months from the date of receipt of certified copy of the judgment along with interest at the rate of 9% from the date the balance amount actually fallen due. It was made clear that if the entire amount as per the special scheme had already been paid, the directions would not be applicable and if more amount is claimed than the one entitled to be received under the special scheme, petitioners would be at liberty to raise the claim before the appropriate statutory authority. 2. At the time when the Writ Petition was disposed of, counsel representing the petitioner did not know that the petitioner had already died. An application was moved to bring on record the WP(C)No.36143/2010 3 Legal Representatives, the same has been allowed and the judgment dated 02.11.2017 was withdrawn. It is in these circumstances, the present Writ Petition has come. 3. I am of the view that the judgment would remain the same as it has been made applicable to the other petitioners in the connected writ petitions. petitioner since deceased was the employee of the Society and the payment of gratuity was subject to the special scheme constituted by the Society with LIC, by virtue of the provision contained in the second proviso to Rule 59 (iii) of the Kerala Co-operative Societies Rules, 1969 and the entire amount received as per the scheme linked with LIC was not paid to the petitioner(deceased). 4. The Full Bench of this Court in Chandrasekharan Nair.G. and others v. Kerala State Co-operative Agricultural and Rural Development Bank Ltd. and others [2017(4) KLT 276] held that the prohibition contained in the second proviso to Rule 59(iii) of the Co-operative Societies Rules, 1969 would not stand in the way of the petitioners receiving the entire amount as per the LIC linked policy scheme. Direction is issued to the respondent Society to pay off the entire amount remaining balance to the successors-in-interest of the petitioner, as per the LIC linked WP(C)No.36143/2010 4 policy scheme within a period of two months from the date of receipt of a certified copy of the judgment along with interest @ 9%. 5. It is made clear that if the entire amount as per the special scheme is paid, directions contained herein will not be applicable. Respondents will be able to justify to the successors-in -interest of the deceased that the amount received by the LIC had already been deposited or not paid. If the LR’S has any claim for more than that amount, the same shall be submitted to the appropriate statutory authority and decided in accordance with law. Writ Petition stands disposed of. Sd/- AMIT RAWAL JUDGE csl WP(C)No.36143/2010 5 APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : COPY OF THE REPRESENTATION DATED 12.10.2010 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT