High Court of KeralaSingle Judge2021-02-04Writ petitions allowed in terms of the directio...

Annie Cherian (Died) and Addl P2 to Addl P4 vs Joint Registrar (General), Co-operative Societies, Kottayam; Kottayam Co-operative Urban Bank Ltd. and Life Insurance Corporation of India (LIC)

Case / Petition Number:WP(C).No.18415 OF 2018(B) & Con.cases

Neutral Citation:/

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Amit Rawal
Judgment Date: 2021-02-04
Court Decision / Holding: Writ petitions allowed in terms of the directions contained in the Full Bench judgment of this Court in Chandrasekharan Nair G. & Others v. Kerala State Co-operative Agricultural and Rural Development Bank Ltd. & Others (2017 (4) KLT 276).
Final Disposition: Writ petitions allowed in terms of the directions of the Full Bench judgment cited (Chandrasekharan Nair G. & Others)

Parties to the Case

Appellants / Petitioners

ANNIE CHERIAN (DIED)
ADDL P2, KOSHY PHILIP
ADDL P3, NEENA MARSHAL
ADDL P4, NIETHU VARGHESE
P.B.SYAMAPRASAD AGED 68 YEARS
P.G.SASIDHARAN NAIR AGED 67 YEARS
LEELA P.S AGED 69 YEARS
BINNY K. DAS AGED 61 YEARS
MARY ABRAHAM AGED 67 YEARS
M.V.DIVAKARAN AGED 68 YEARS
M.G.INDIRADEVI AGED 62 YEARS
SREEDEVI.P.S AGED 63 YEARS
K.K.MOHANAN AGED 59 YEARS

Respondents

Joint Registrar (General) Co-operative Societies, Kottayam, PIN-686002
Kottayam Co-operative Urban Bank Ltd. No.421 represented by its General Manager, Head Office, Thirunakkara, Kottayam District, PIN-686001
Life Insurance Corporation of India Ltd. (LIC) represented by its Manager (P&GS), LIC Jeevan Jyothi, Star Junction, Kottayam, PIN-686001

Legal Representation & Advocates

Counsels for Petitioners

• SRI.S.JAYAKRISHNAN
• SRI.S.PARAMESWARA PRASAD
• SMT.S.USHAKUMARI

Counsels for Respondents

• GOVERNMENT PLEADER
• DR. ABRAHAM P.MEACHINKARA
• SRI THOMAS MATHEW NELLIMOOTTIL
• SRI K.JAGADEESH
• SRI P.B.SAHASRANAMAN
• SRI T.S.HARIKUMAR

Case Synopsis & Summary

These connected writ petitions, heard together in the Kerala High Court, challenge the non-payment or delayed payment of gratuity to retired employees of the Kottayam Co-operative Urban Bank Ltd. and related LIC policyholders. The petitioners include Annie Cherian (died) and three additions (Addl P2–P4) in WP(C) No. 18415/2018, along with several other petitioners in companion matters, all seeking gratuity under the Group Gratuity Cash Accumulation Scheme and LIC group policy provisions. The petitions are contested by the Joint Registrar (General) of Co-operative Societies, the Kottayam Co-operative Urban Bank, Ltd., and LIC, represented by government pleaders and the bank’s/product managers. The court’s file indicates representations and communications filed by petitioners (and counter documents from respondents) and various cost-benefit schedules and discharge forms in the exhibits. The central legal issue concerns the entitlement and quantum of gratuity under the applicable schemes, including ceilings and policy limits. The bench, after hearing these petitions along with related matters, follows the directions in the Full Bench judgment Chandrasekharan Nair G. & Others v. Kerala State Co-operative Bank Ltd. (2017 (4) KLT 276). On 04 February 2021, the court allowed the writ petitions in terms of those directions, thereby mandating gratuity payments as per the applicable schemes and policy constraints.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that gratuity under the Bank’s Group Gratuity Cash Accumulation Scheme and related LIC group policies constitutes a payable benefit upon retirement of employees, irrespective of ceilings specified in some schedules. They produced communications, representations, and exhibits showing decisions and demands for gratuity. They urge that the law and the policy frameworks create a contractual entitlement to gratuity, and that the authorities must honor these obligations, taking into account past practice and the jurisprudence from this Court, including prior acknowledgments of gratuity rights under governing schemes and the CIR (Gratuity) framework. They seek a direction to ensure timely payment to all petitioners in accordance with the relevant schemes and master policies.

Contentions of Respondents

The respondents maintain that gratuity payments are governed by the terms of the respective schemes and the policy ceilings, notably the ceiling identified in the cost-benefit schedules (e.g., 10 lakhs). They argue that payments must align with the master policy rules and the statutory frameworks governing gratuity, with examination of the bank’s and LIC’s contractual obligations, and that any disbursement must observe ceilings and the master policy agreements. They emphasize that the court should adhere to the Full Bench’s directions and ensure payments within policy constraints and statutory guidelines.

Cited Precedents (4)

Case Name	Citation	Treatment	Explanation
Chandrasekharan Nair G. & Others v. Kerala State Co-operative Agricultural and Rural Development Bank Ltd. & Others	2017 (4) KLT 276	Positive	The judgment relies on the Full Bench decision to direct the gratuity payments and to apply the ratio and directions therein.
W.P.(C) No. 11451 of 2018	W.P.(C) No. 11451 of 2018	Mentioned Only	Cited as a judgment in exhibits; used as a precedent/record rather than a controlling directive in the current decision.
W.P.(C) No. 5612 of 2018	W.P.(C) No. 5612 of 2018	Mentioned Only	Cited in exhibits; referenced for background of prior judgments.
W.P.(C) No. 5649 of 2018	W.P.(C) No. 5649 of 2018	Mentioned Only	Cited in exhibits; background case law reference.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE AMIT RAWAL** ## **THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942** ## **WP(C).No.18415 OF 2018(B)** ## **PETITIONERS:** |**1**|**ANNIE CHERIAN (DIED)**| |---|---| ||**AGED 67 YEARS, D/O. KOSHY PHILIP,**| ||**RETIRED BRANCH MANAGER,**| ||**KOTTAYAM CO-OPERATIVE URBAN BANK LTD.NO. 421,**| ||**KOTTAYAM BRANCH,**| ||**KOTTAYAM DISTRICT, PIN - 686 001. RESIDING AT**| ||**VALAJATTIL HOUSE, CHALUKUNNU P.O.,**| ||**KOTTAYAM DISTRICT, PIN - 686 001.**| |**2**|**ADDL P2, KOSHY PHILIP,**| ||**AGED 68 YEARS, S/O.C.K.PHILP,**| ||**RESIDING AT VALAJATTIL HOUSE,**| ||**CHALUKUNNU P.O,**| ||**KOTTAYAM DISTRICT, PIN 686 001.**| |**3**|**ADDL P3, NEENA MARSHAL,**| ||**AGED 35 YEARS, D/O.KOSHY PHILIP,**| ||**RESIDING AT MADATHIVELIL KANDATHIL,**| ||**VADAVATHOOR P.O, KOTTAYAM DISTRICT PIN-686 010**| |**4**|**ADDL P4, NIETHU VARGHESE,**| ||**AGED 33 YEARS, D/O.KOSHY PHILIP,**| ||**RESIDING AT KUZHIKKALA MATTATHIL,**| ||**MOOLAVATTOM P.O,**| ||**KOTTAYAM DISTRICT PIN 686 012.**| ||**(ADDL P2 TO P4 ARE IMPLEADED AS ADDITIONAL**| ||**PETITIONERS 2 TO 4 AS PER ORDER DATED 21-06-2019 IN**| ||**1/19.)**| ||**BY ADVS.**| ||**SRI.S.JAYAKRISHNAN**| ||**SRI.S.PARAMESWARA PRASAD**| ||**SMT.S.USHAKUMARI**| ## **RESPONDENTS:** **1 JOINT REGISTRAR (GENERRAL) CO-OPERATIVE SOCIETIES, KOTTAYAM, PIN - 686 002.** ## **WP(C).No.18415 OF 2018(B) & Con.cases** **2** **2 KOTTAYAM CO-OPERATIVE URBAN BANK LTD. NO. 421 REPRESENTED BY ITS GENERAL MANAGER, HEAD OFFICE, THIRUNAKKARA, KOTTAYAM DISTRICT, PIN - 686 001.** **3 LIFE INSURANCE CORPORATION OF INDIA LTD. (LIC) REPRESENTED BY ITS MANAGER (P & GS), LIFE INSURANCE CORPORATION OF INDIA LTD., JEEVAN JYOTHI, II FLOOR, STAR JUNCTION, KOTTAYAM, PIN - 686 001.** **R1 BY GOVERNMENT PLEADER R3 BY ADV. DR.ABRAHAM P.MEACHINKARA** ## **GP SRI B HARISH KUMAR** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.02.2021, ALONG WITH WP(C).17268/2018(G), WP(C).18311/2018(L),WP(C).18353/2018(T),WP(C).18421/2018(C), WP(C).18431/2018(D),WP(C).18609/2018(A),WP(C).19258/2018(F), WP(C).19369/2018(U), WP(C).8292/2019(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **3** ## **WP(C).No.18415 OF 2018(B) & Con.cases** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942** **WP(C).No.17268 OF 2018** ## **PETITIONER:** **P.B.SYAMAPRASAD AGED 68 YEARS, S/O.P.K.BALABHASKHARAN NAIR, 'RETIRED BRANCH MANAGER', KOTTAYAM CO-OPERATIVE URBAN BANK LTD. NO.421, KOTTAYAM BRANCH, KOTTAYAM DISTRICT, PIN-686001. RESIDING AT PANACKAL HOUSE (POOVCHIL PUTHENPURAYIL),VELOOR, KOTTAYAM WEST P.O., KOTTAYAM DISTRICT,PIN-686003.** **BY ADVS. SRI.S.JAYAKRISHNAN SRI.S.PARAMESWARA PRASAD : 1 THE JOINT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, KOTTAYAM, PIN-686002. 2 KOTTAYAM CO-OPERATIVE URBAN BANK LTD. NO.421 REPRESENTED BY ITS GENERAL MANAGER, HEAD OFFICE, THIRUNAKKARA, KOTTAYAM DISTRICT,PIN-686001. 3 LIFE INSURANCE CORPORATION OF INDIA LTD. LIC REPRESENTED BY ITS MANAGER (P&GS) UNIT (G-603), LIFE INSURANCE CORPORATION OF INDIA LTD. JEEVAN JYOTHI, II FLOOR, STAR JUNCTION, KOTTAYAM, PIN-686001. R1, R3 BY ADV. SRI.T.S.HARIKUMAR R1 BY ADV. SRI.K.JAGADEESH R1 BY ADV. SRI.P.B.SAHASRANAMAN** ## **RESPONDENTS:** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.02.2021, ALONG WITH WP(C).18311/2018(L), WP(C).18353/2018(T),WP(C).18415/2018(B),WP(C).18421/2018(C), WP(C).18431/2018(D),WP(C).18609/2018(A),WP(C).19258/2018(F), WP(C).19369/2018(U), WP(C).8292/2019(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **4** ## **WP(C).No.18415 OF 2018(B) & Con.cases** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942** **WP(C).No.18311 OF 2018** ## **PETITIONER:** **P.G.SASIDHARAN NAIR AGED 67 YEARS, S/O. GOPALA PILLAI, 'RETIRED ACCOUNTANT', KOTTAYAM CO-OPERATIVE URBAN BANK LTD. NO.421, THIRUNAKKARA, KOTTAYAM DISTRICT, PIN 686 001. RESIDING AT MADHAVAN, ARAKUNNAM P.O, MULANTHURUTHY, ERNAKULAM DISTRICT, PIN 682 313.** **BY ADVS. SRI.S.JAYAKRISHNAN SRI.S.PARAMESWARA PRASAD** ## **RESPONDENTS:** **1 JOINT REGISTRAR CO-OPERATIVE SOCIETIES, KOTTAYAM, PIN 686 002. 2 KOTTAYAM CO-OPERATIVE URBAN BANK LTD. NO.421, REPRESENTED BY ITS GENERAL MANAGER, HEAD OFFICE, THIRUNAKKARA, KOTTAYAM DISTRICT, PIN - 686 001. 3 LIFE INSURANCE CORPORATION OF INDIA LTD LIC REPRESENTED BY ITS MANAGER (P&GS) UNIT (G-603), LIFE INSURANCE CORPORATION OF INDIA LTD, JEEVAN JYOTHI,II FLOOR, STAR JUNCTION, KOTTAYAM, PIN 686 001.** ## **R1, R3 BY ADV. DR.ABRAHAM P.MEACHINKARA** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.02.2021, ALONG WITH WP(C).17268/2018(G), WP(C).18353/2018(T),WP(C).18415/2018(B),WP(C).18421/2018(C), WP(C).18431/2018(D),WP(C).18609/2018(A),WP(C).19258/2018(F), WP(C).19369/2018(U), WP(C).8292/2019(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.18415 OF 2018(B) & Con.cases** **5** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942** ## **WP(C).No.18353 OF 2018** ## **PETITIONER:** **LEELA P.S AGED 69 YEARS, S/O. JOY MATHEW, 'RETIRED BRANCH MANAGER', KOTTAYAM CO-OPERATIVE URBAN BANK LTD, NO.421, KOTTAYAM BRANCH, KOTTAYAM DISTRICT, PIN- 686 001 RESIDING AT ELENJICKAL HOUSE, DEVALOKAM.P.O., KOTTAYAM DISTRICT, PIN- 686 004** **BY ADVS. SRI.S.JAYAKRISHNAN SRI.S.PARAMESWARA PRASAD** ## **RESPONDENTS:** |**1**|**THE JOINT REGISTRAR (GENERAL)**| |---|---| ||**CO-OPERATIVE SOCIETIES, KOTTAYAM, PIN- 686 002**| |**2**|**KOTTAYAM CO-OPERATIVE URBAN BANK LTD. NO 421**| ||**REPRESENTED BY ITS GENERAL MANAGER,**| ||**HEAD OFFICE, THIRUNAKKARA,**| ||**KOTTAYAM DISTRICT, PIN- 686 001**| |**3**|**LIFE INSURANCE CORPORATION OF INDIA LTD.(LIC)**| ||**REPRESENTED BY ITS MANAGER (P&GS) UNIT (G-603), LIFE**| ||**INSURANCE CORPORATION OF INDIA LTD.,**| ||**JEEVAN JYOTHI, IIND FLOOR,**| ||**STAR JUNCTION, KOTTAYAM, PIN- 686 001**| **R1 BY GOVERNMENT PLEADER R1, R3 BY ADV. DR.ABRAHAM P.MEACHINKARA** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.02.2021, ALONG WITH WP(C).17268/2018(G), WP(C).18311/2018(L),WP(C).18415/2018(B),WP(C).18421/2018(C), WP(C).18431/2018(D),WP(C).18609/2018(A),WP(C).19258/2018(F), WP(C).19369/2018(U), WP(C).8292/2019(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.18415 OF 2018(B) & Con.cases** **6** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942** ## **WP(C).No.18421 OF 2018** ## **PETITIONER:** **BINNY K. DAS** **AGED 61 YEARS, W/O.T.G.BALAKRISHNA PILLAI, 'RETIRED GENERAL MANAGER', KOTTAYAM CO-OPERATIVE URBAN BANK LTD. NO.421, KOTTAYAM BRANCH, KOTTAYAM DISTRICT, PIN-686001.RESIDING AT SHALEENAM, VELOOR P.O., KOTTAYAM DISTRICT, PIN-686003.** **BY ADVS. SRI.S.JAYAKRISHNAN SRI.S.PARAMESWARA PRASAD** ## **RESPONDENTS:** |**1**|**JOINT REGISTRAR (GENERAL)**| |---|---| ||**CO-OPERATIVE SOCIETIES, KOTTAYAM, PIN-686002.**| |**2**|**KOTTAYAM CO-OPERATIVE URBAN BANK LTD. NO.421**| ||**REPRESENTED BY ITS GENERAL MANAGER,**| ||**HEAD OFFICE, THIRUNAKKARA,**| ||**KOTTAYAM DISTRICT, PIN-686001.**| |**3**|**LIFE INSURANCE CORPORATION OF INDIA LTD. LIC**| ||**REPRESENTED BY ITS MANAGER (P&GS)**| ||**UNIT (G-603), LIFE INSURANCE CORPORATION OF INDIA**| ||**LTD., JEEVAN JYOTHI, II FLOOR,**| ||**STAR JUNCTION, KOTTAYAM, PIN-686001.**| **R1 BY GOVERNMENT PLEADER R1, R3 BY ADV. DR.ABRAHAM P.MEACHINKARA** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.02.2021, ALONG WITH WP(C).17268/2018(G), WP(C).18311/2018(L),WP(C).18353/2018(T),WP(C).18415/2018(B), WP(C).18431/2018(D),WP(C).18609/2018(A),WP(C).19258/2018(F), WP(C).19369/2018(U), WP(C).8292/2019(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **7** ## **WP(C).No.18415 OF 2018(B) & Con.cases** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942** **WP(C).No.18431 OF 2018** ## **PETITIONER:** **MARY ABRAHAM AGED 67 YEARS, S/O.N.J.JACOB, 'RETIRED BRANCH MANAGER', KOTTAYAM CO-OPERATIVE URBAN BANK LTD.NO.421, KANJIKUZHY BRANCH, KOTTAYAM DISTRICT-PIN.686001, RESIDING AT KANNAMPURATHU NEDUPRAMBIL, PALLOM.P.O, KOTTAYAM DISTRICT, PIN-686007.** **BY ADVS. SRI.S.JAYAKRISHNAN SRI.S.PARAMESWARA PRASAD** ## **RESPONDENTS:** |**1**|**JOINT REGISTRAR**| |---|---| ||**CO-OPERATIVE SOCIETIES,**| ||**KOTTAYAM,PIN-686002.**| |**2**|**KOTTAYAM CO-OPERATIVE URBAN BANK LTD.NO.421**| ||**REPRESENTED BY ITS GENERAL MANAGER,**| ||**HEAD OFFICE, THIRUNAKKARA,**| ||**KOTTAYAM DISTRICT.PIN-686001.**| |**3**|**LIFE INSURANCE CORPORATION OF INDIA LTD.(LIC)**| ||**REPRESENTED BY ITS MANAGER(P&GS) UNIT(G-603), LIFE**| ||**INSURANCE CORPORATION OF INDIA LTD.,**| ||**JEEVAN JYOTHI, II FLOOR,**| ||**STAR JUNCTION, KOTTAYAM,PIN-686001.**| ## **R1, R3 BY ADV. DR.ABRAHAM P.MEACHINKARA** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.02.2021, ALONG WITH WP(C).17268/2018(G), WP(C).18311/2018(L),WP(C).18353/2018(T),WP(C).18415/2018(B), WP(C).18421/2018(C),WP(C).18609/2018(A),WP(C).19258/2018(F), WP(C).19369/2018(U), WP(C).8292/2019(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.18415 OF 2018(B) & Con.cases** **8** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942** **WP(C).No.18609 OF 2018** ## **PETITIONER:** **M.V.DIVAKARAN AGED 68 YEARS, S/O. M.K VELAYDHUN, "RETIRED GENERAL MANAGER", KOTTAYAM CO-OPERATIVE URBAN BANK LTD. NO. 421, THIRUNAKKARA, KOTTAYAM DISTRICT. PIN 686 001. RESIDING AT SIVAGANGA, MARIATHURUTHU P.O, KOTTAYAM DISTRICT, PIN 686 017.** **BY ADVS. SRI.S.JAYAKRISHNAN SRI.S.PARAMESWARA PRASAD** ## **RESPONDENTS:** |**1**|**THE JOINT REGISTRAR (GENERAL)**| |---|---| ||**CO-OPERATIVE SOCIETIES,**| ||**KOTTAYAM, PIN - 686 002.**| |**2**|**KOTTAYAM CO-OPERATIVE URBAN BANK LTD. NO.421**| ||**REPRESENTED BY ITS GENERAL MANAGER,**| ||**HEAD OFFICE, THIRUNAKARA,**| ||**KOTTAYAM DISTRICT, PIN - 686 001.**| |**3**|**LIFE INSURANCE CORPORATION OF INDIA LTD LIC**| ||**REPRESENTED BY ITS MANAGER(P&GS) UNIT (G-603), LIFE**| ||**INSURANCE CORPORATION OF INDIA LTD,**| ||**JEEVAN JYOTHI, IIFLOOR, S**| ||**TAR JUNCTION, KOTTAYAM, PIN - 686 001.**| ## **R1, R3 BY ADV. DR.ABRAHAM P.MEACHINKARA** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.02.2021, ALONG WITH WP(C).17268/2018(G), WP(C).18311/2018(L),WP(C).18353/2018(T),WP(C).18415/2018(B), WP(C).18421/2018(C),WP(C).18431/2018(D),WP(C).19258/2018(F), WP(C).19369/2018(U), WP(C).8292/2019(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **9** ## **WP(C).No.18415 OF 2018(B) & Con.cases** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942** **WP(C).No.19258 OF 2018** ## **PETITIONER:** **M.G.INDIRADEVI AGED 62 YEARS, W/O. T.R. VASUDEVAN NAIR, 'RETIRED GENERAL MANAGER', KOTTAYAM CO- OPERATIVE URBAN BANK LIMITED NO. 421, HEAD OFFICE, THIRUNAKKARA, KOTTAYAM DISTRICT. PIN . 686 001. RESIDING AT SREEKOVIL, KOTHANALLOOR PO, KOTTAYAM DISTRICT. PIN - 686 632.** **BY ADVS. SRI.S.JAYAKRISHNAN SRI.S.PARAMESWARA PRASAD** ## **RESPONDENTS:** **1 JOINT REGISTRAR (GENERAL), CO OPERATIVE SOCIETIES, KOTTAYAM - PIN - 686 002. 2 KOTTAYAM CO- OPERATIVE URBAN BANK LIMITED NO. 421 REPRESENTED BY ITS GENERAL MANAGER, HEAD OFFICE, THIRUNAKKARA, KOTTAYAM DISTRICT, PIN - 686 001. 3 LIFE INSURANCE CORPORATION OF INDIA LIMITED LIC REPRESENTED BY ITS MANAGER ( P&GS) UNIT ( G- 603), LIFE INSURANCE CORPORATION OF INDIA LIMITED, JEEVAN JYOTHI, II FLOOR, STAR JUNCTION, KOTTAYAM. PIN - 686 001.** ## **R1, R3 BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.02.2021, ALONG WITH WP(C).17268/2018(G), WP(C).18311/2018(L),WP(C).18353/2018(T),WP(C).18415/2018(B), WP(C).18421/2018(C),WP(C).18431/2018(D),WP(C).18609/2018(A), WP(C).19369/2018(U), WP(C).8292/2019(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.18415 OF 2018(B) & Con.cases** **10** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942** **WP(C).No.19369 OF 2018** ## **PETITIONER:** **SREEDEVI.P.S AGED 63 YEARS, W/O. R. DEVIDASAN, 'RETIRED MANAGER', KOTTAYAM CO-OPERATIVE URBAN BANK LTD. NO.421, KOTTAYAM BRANCH, KOTTAYAM DISTRICT, PIN-686001. RESIDING AT SREEVILASAM, VELOOR P.O., KOTTAYAM DISTRICT, PIN-686003.** **BY ADVS. SRI.S.JAYAKRISHNAN SRI.S.PARAMESWARA PRASAD SMT.S.USHAKUMARI** ## **RESPONDENTS:** |**1**|**THE JOINT REGISTRAR (GENERAL) ,**| |---|---| ||**CO-OPERATIVE SOCIETIES, KOTTAYAM, PIN-686002.**| |**2**|**KOTTAYAM CO-OPERATIVE URBAN BANK LTD. NO.421**| ||**REPRESENTED BY TIS GENERAL MANAGER,**| ||**HEAD OFFICE, THIRUNAKKARA,**| ||**KOTTAYAM DISTRICT, PIN-686001.**| |**3**|**LIFE INSURANCE CORPORATION OF INDIA LTD. LIC**| ||**REPRESENTED BY ITS MANAGER (P&GS) UNIT (G-603), LIFE**| ||**INSURANCE CORPORATION OF INDIA LTD.,**| ||**JEEVAN JYOTHI, II FLOOR,**| ||**STAR JUNCTION, KOTTAYAM, PIN-686001.**| **R1 BY GOVERNMENT PLEADER R3 BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.02.2021, ALONG WITH WP(C).17268/2018(G), WP(C).18311/2018(L),WP(C).18353/2018(T),WP(C).18415/2018(B), WP(C).18421/2018(C),WP(C).18431/2018(D),WP(C).18609/2018(A), WP(C).19258/2018(F), WP(C).8292/2019(J), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.18415 OF 2018(B) & Con.cases** **11** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE AMIT RAWAL** **THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942** ## **WP(C).No.8292 OF 2019(J)** ## **PETITIONER:** **K.K.MOHANAN AGED 59 YEARS, S/O.KUNJAN KUNJAN, RETIRED CHIEF ACCOUNTANT, THE AYARKUNNAM SERVICE CO-OPERATIVE BANK LTD.NO.4147, AYARKUNNAM P.O., KOTTAYAM DISTRICT, PIN- 686564, RESIDING AT ATHAPPALLIL HOUSE, AMAYANNOOR P.O., KOTTAYAM DISTRICT, PIN- 686019.** **BY ADVS. SRI.S.JAYAKRISHNAN SRI.S.PARAMESWARA PRASAD** ## **RESPONDENTS:** |**1**|**THE JOINT REGISTRAR (GENERAL),**| |---|---| ||**CO-OPERATIVE SOCIETIES, KOTTAYAM, PIN- 686002.**| |**2**|**THE AYARKUNNAM SERVICE CO-OPERATIVE BANK**| ||**LTD.NO.4147,REPRESENTED BY ITS SECRETARY,**| ||**AYARKUNNAM P.O., KOTTAYAM DISTRICT, PIN- 686564.**| |**3**|**LIFE INSURANCE CORPORATION OF INDIA LTD. (LIC)**| ||**REPRESENTED BY ITS MANAGER ( P AND GS) UNIT (G-603),**| ||**LIFE INSURANCE CORPORATION OF INDIA LTD.,**| ||**JEEVAN JYOTHI, II FLOOR, STAR JUNCTION,**| ||**KOTTAYAM, PIN- 686001.**| ||**R2 BY ADV. SRI.SUNIL CYRIAC**| ||**R3 BY ADV. SRI.P.B.SAHASRANAMAN**| ||**R3 BY ADV. SRI.T.S.HARIKUMAR**| ||**R3 BY ADV. SRI.K.JAGADEESH**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.02.2021, ALONG WITH WP(C).17268/2018(G), WP(C).18311/2018(L),WP(C).18353/2018(T),WP(C).18415/2018(B), WP(C).18421/2018(C),WP(C).18431/2018(D),WP(C).18609/2018(A), WP(C).19258/2018(F), WP(C).19369/2018(U), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **12** ## **WP(C).No.18415 OF 2018(B) & Con.cases** ## **JUDGMENT** [ WP(C).18415/2018, WP(C).17268/2018, WP(C).18311/2018, WP(C).18353/2018, WP(C).18421/2018, WP(C).18431/2018, WP(C).18609/2018, WP(C).19258/2018, WP(C).19369/2018, WP(C).8292/2019 ] ## **Dated this the 4th day of February 2021** All these petitions pertain to payment of gratuity. Learned counsel for the parties are ad-idem that the Full Bench judgment of this Court followed by learned Single Bench of this Court is applicable to the controversy in issue. Writ petitions are allowed in terms of the directions contained in the Full Bench judgment of this Court in **Chandrasekharan Nair G. & Others v. Kerala State Co-operative Agricultural and Rural Development Bank Ltd. & Others** (2017 (4) KLT 276). ## **Sd/-** ## **AMIT RAWAL** **JUDGE** nak **13** ## **WP(C).No.18415 OF 2018(B) & Con.cases** ## **APPENDIX OF WP(C) 18415/2018** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1 TRUE COPY OF COMMUNICATION DATED 19.10.2009 ISSUED BY THE MANAGER (P & GS) L.I.C, KOTTAYAM TO THE 2ND RESPONDENT.** **EXHIBIT P2 TRUE COPY OF REPRESENTATION DATED 02.05.2018 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.** **RESPONDENTS' EXHIBITS: EXHIBIT R3 A TRUE COPY OF COST AND BENEFIT SCHEDULE FOR THE ANNUAL RENEWAL DATE 1.3.2009 OF KOTTAYAM CO-OPERATIVE BANK EXHIBIT R3 A TRUE COPY OF THE DISCHARGE FORM DATED 3- 11-2009 SUBMITTED BY THE 2ND RESPONDENT** ## **WP(C).No.18415 OF 2018(B) & Con.cases** **14** ## **APPENDIX OF WP(C) 17268/2018** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF COMMUNICATION DATED 21.11.2014 ISSUED BY THE MANAGER (P&GS) L.I.C., KOTTAYAM TO THE 2ND RESPONDENT. EXHIBIT P2 TRUE COPY OF REPRESENTATION DATED 02.05.2018 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.** ## **WP(C).No.18415 OF 2018(B) & Con.cases** **15** ## **APPENDIX OF WP(C) 18311/2018** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF COMMUNICATION DATED 16.07.2008 ISSUED BY THE MANAGER (P & GS) L.I.C, KOTTAYAM TO THE 2ND RESPONDENT.** **EXHIBIT P2 TRUE COPY OF REPRESENTATION DATED 02.05.2018 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: EXHIBIT R3 A TRUE COPY OF COST AND BENEFIT SCHEDULE FOR THE ANNUAL RENEWAL DATE 1.3.2008 OF KOTTAYAM CO-OPERATIVE BANK** ## **WP(C).No.18415 OF 2018(B) & Con.cases** ## **16** ## **APPENDIX OF WP(C) 18353/2018** **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE COMMUNICATION DATED 6.8.2007 ISSUED BY THE MANAGER (P&GS) L.I.C KOTTAYAM TO THE 2ND RESPONDENT** **EXHIBIT P2** **TRUE COPY OF THE REPRESENTATION DATED 2.5.2018 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT** **RESPONDENTS' EXHIBITS:** **EXHIBIT R3 A TRUE COPY OF COST AND BENEFIT SCHEDULE FOR THE ANNUAL RENEWAL DATE 1.3.2007 OF KOTTAYAM CO-OPERATIVE BANK** **EXHIBIT R3 B TRUE COPY OF THE DISCHARGE FORM SUBMITTED BY THE 2ND RESPONDENT IN RESPECT OF PETITIONER** **17** ## **WP(C).No.18415 OF 2018(B) & Con.cases** ## **APPENDIX OF WP(C) 18421/2018** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF CLAIM FORM FOR GROUP GRATUITY CASH ACCUMULATION SCHEME DATED 16.05.2014.** **EXHIBIT P2 TRUE COPY OF JUDGMENT DATED 03.04.2018 IN W.P.(C) NO.11451 OF 2018 OF THIS HON'BLE COURT.** **EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED 03.05.2018 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.** **RESPONDENTS' EXHIBITS: EXHIBIT R3 A TRUE COPY OF COST AND BENEFIT SCHEDULE FOR THE ANNUAL RENEWAL DATE 1.3.2014 OF KOTTAYAM CO-OPERATIVE BANK** **18** ## **WP(C).No.18415 OF 2018(B) & Con.cases** ## **APPENDIX OF WP(C) 18431/2018** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF COMMUNICATION DATED 09.06.2009 ISSUED BY THE MANAGER(P&GS)L.I.C.KOTTAYAM TO THE 2ND RESPONDENT** **EXHIBIT P2** **TRUE COPY OF REPRESENTATION DATED 02.05.2018 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.** ## **RESPONDENTS' EXHIBITS:** **EXHIBIT R3 A TRUE COPY OF COST AND BENEFIT SCHEDULE FOR THE ANNUAL RENEWAL DATE 1.3.2009 OF KOTTAYAM CO-OPERATIVE BANK** **EXHIBIT R3 B TRUE COPY OF LETTER DATED 6-6-2009 FROM 2ND RESPONDENT BANK SEEKING GRATUITY PAYMENT OF RS.3.5 LAKHS IN RESPECT OF PETITONER** **EXHIBIT R3 C TRUE COPY OF THE DISCHARGE FORM DATED 11-6-2009 SUBMITTED BY THE 2ND RESPONDENT** **19** ## **WP(C).No.18415 OF 2018(B) & Con.cases** ## **APPENDIX OF WP(C) 18609/2018** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF COMMUNICATION DATED 17.06.2008 ISSUED BY THE MANAGER(P&GS) L.I.C KOTTAYAM TO THE 2ND RESPONDENT.** **EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 02.05.2018 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.** **RESPONDENTS' EXHIBITS:** **EXHIBIT R3 A** **TRUE COPY OF COST AND BENEFIT SCHEDULE FOR THE ANNUAL RENEWAL DATE 1.3.2008 OF KOTTAYAM CO-OPERATIVE BANK** **20** ## **WP(C).No.18415 OF 2018(B) & Con.cases** ## **APPENDIX OF WP(C) 19258/2018** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF COMMUNICATION DATED 21/11/2014 ISSUED BY THE MANAGER ( P&GS) L.I.C., KOTTAYAM TO THE 2ND RESPONDENT. EXHIBIT P2 TRUE COPY OF JUDGMENT DATED 23/03/2018 IN W.P (C) NO. 5612 OF 2018 OF THIS HONOURABLE COURT. EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED 03/05/2018 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: EXHIBIT R3 A TRUE COPY CLAIM FORM DATED 18-11-2014** **21** ## **WP(C).No.18415 OF 2018(B) & Con.cases** ## **APPENDIX OF WP(C) 19369/2018** **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF CLAIM FORM FOR GROUP GRATUITY CASH ACCUMULATION SCHEME DATED 20.05.2013.** **EXHIBIT P2 TRUE COPY OF JUDGMENT DATED 23.03.2018 IN W.P.(C)NO.5649 OF 2018 OF THIS HON'BLE COURT.** **EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED 03.05.2018 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.** **RESPONDENTS' EXHIBITS:** **EXHIBIT R3(a) TRUE COPY OF THE CLAIM FORM DATED 20.5.2013.** **22** ## **WP(C).No.18415 OF 2018(B) & Con.cases** ## **APPENDIX OF WP(C) 8292/2019** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF COMMUNICATION DATED 28.07.2017 ISSUED BY THE MANAGER (P&GS) L.I.C., KOTTAYAM TO THE 2ND RESPONDENT.** **EXHIBIT P2 TRUE COPY OF REPRESENTATION DATED 15.01.2019 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.** **RESPONDENTS' EXHIBITS:** **EXHIBIT R3(A) TRUE COPY OF BOARD RESOLUTION NO.10 DATED 17-01-2014 BY THE 2ND RESPONDENT EMPLOYER BANK.** **EXHIBIT R3(B) TRUE COPY OF THE COST AND BENEFIT SCHEDULE SHOWING THE CEILING OF GRATUITY AS 10 LAKHS IN RESPECT OF THE PETITIONER.** **EXHIBIT R3(C) TRUE COPY OF CLAIM INTIMATION DATED 1007-2017 SUBMITTED BY THE MASTER POLICY HOLDER BANK.** **EXHIBIT R3(D) TRUE COPY OF DISCHARGE RECEIPT DATED 1007-2017 DULY SIGNED BY THE MASTER POLICY HOLDER BANK.**