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. 16942 of 2010(P) ----------------------------------------- PETITIONER(S): ------------------------ P.VIJAYKUMARI AMMA, ROSE HOUSE, EDAYADI, POOTHAKULAM PO, KOLLAM 691 302. BY ADV. SRI.B.SURESH KUMAR RESPONDENT(S): --------------------------- 1. THE POOTHAKULAM SERVICE CO-OPERATIVE BANK, LTD NO.2944, POOTHAKULAM PO., KOLLAM 691 302 REPRESENTED BY ITS SECRETARY. 2. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO THE CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOLLAM. R1 BY ADVS. SRI.V.G.ARUN, SRI.T.R.HARIKUMAR. R2 TO R4 BY SR. GOVERNMENT PLEADER SRI. K.S.MUHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.16942/2010 P APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMMUNICATION DTD. 27/03/2010 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.16942 OF 2010 ............................................ DATED THIS THE 6TH DAY OF JULY, 2010 JUDGMENT The petitioner is a retired employee of the first respondent. She retired from service on 28.2.2010. The Society has an arrangement with the Life Insurance Corporation(LIC) to have the liability for payment of gratuity to its employees through the Employees Group Gratuity Life Assurance Scheme. As per the Scheme, the LIC is alleged to have paid an amount of Rs.3,93,858/- to the Society towards the gratuity payable to the petitioner. However, the petitioner complains that she 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 Ratnavalli V. Ambalapadu Service Co-operative Society Ltd.(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 Rule 59 of the Co-operative Societies Rules and the Payment of Gratuity Act. Wpc 16942/2010 2 3. In view of the fact that the issue has been decided by the decision referred to above, I find no reason to deny to the petitioner the relief sought. 4. Accordingly, this writ petition is disposed of directing the first respondent to disburse to the petitioner, the balance amount of gratuity that is due to her 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