IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 WP(C).No. 16763 of 2009(M) -------------------------- PETITIONER(S): --------------- O. VISWANATHAN, KODAMVILA VEEDU, THEVARTHOTTAM, THADICADU P.O.. BY ADV. SRI.P.N.MOHANAN RESPONDENT(S): --------------- 1. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. ARACKAL SERVICE CO-OPERATIVE BANK,.LTD.NO. 1858, REPRESENTED BY SECRETARY/PRESIDIENT, ARACKAL, EDAYAM P.O., VALAKOM (VIA), KOLLAM DIST. ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE FOR R2 MR.K.C.SANTHOSH KUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.16763 of 2009 --------------------------------- Dated, this the 2nd day of July, 2009 J U D G M E N T The petitioner retired from the services of the 2nd respondent as Secretary on 30/04/2009. According to the petitioner, the 2nd respondent had subscribed Employees Group Gratuity Life Insurance Scheme with the Life Insurance Corporation of India. It is stated that on his retirement, the LIC has paid Rs.6,37,865/- to the Society to settle his gratuity claim. However, the Society took the view that the petitioner is entitled to only Rs.3.50 lakhs. It is in these circumstances, the writ petition is filed. 2. This Court has already held in Retnavalli v. Ambalapadu Service Co-operative Bank Ltd. (2005(3) KLT 320) that an employee retired from a Co-operative Society is entitled to be paid full gratuity without any ceiling. In view of the law thus laid down, the petitioner is entitled to succeed. 3. The writ petition is therefore, disposed of declaring that the petitioner is entitled to be paid full gratuity without any ceiling WP(C) No.16763/2009 -2- limit. The 2nd respondent is directed to make such payment as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg