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. 15976 of 2009(N) -------------------------- PETITIONER(S): --------------- P.K.SUBRAMANIAN, PANIKKASSERY, P.O.KARUVANNUR, IRINJALAKUDA - 680 711. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- 1. KARUVANNUR SERVICE CO-OPERATIVE BANK LTD. NO.112, REPRESENTED BY ITS SECRETARY, KARUVANNUR.P.O., IRINJALAKUDA, THRISSUR. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. LIFE INSURANCE CORPORATION OF INDIA, ERNAKULAM DIVISION, PENSION AND GROUP SCHEMES DEPARTMENT, 4TH FLOOR, JEEVAN PRAKASH, M.G.ROAD, COCHIN - 11, REPRESENTED BY ITS DIVISIONAL MANAGER. ADV. SMT.PRABHA R.MENON FOR R3 SRI.P.S.EASWARAN FOR R1 SRI.P.SANKARANARAYANAN FOR R1 MR.K.C.SANTHOSHKUMAR, 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.15976 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 1st respondent on 30/04/2008 as Chief Accountant. His claim is that he is entitled for an amount of Rs.6,28,819/- towards gratuity. However, the employer paid him only Rs.3.50 lakhs. The petitioner claims that he is entitled to be paid full amount and that the action of the respondents in limiting the gratuity as Rs.3.50 lakhs is illegal. 2. It is seen that identical issue has been decided by this Court in Retnavalli v. Ambalapadu Service Co-operative Bank Ltd. (2005(3) KLT 320), which has been followed in several cases. In view of the above, this writ petition is disposed of declaring that the petitioner is entitled to be paid the gratuity in full, without imposing a ceiling at Rs.3.50 lakhs, and the employer shall pay the gratuity that is due to the petitioner. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg