P. Ali and Others v. Tirur Co-operative Agricultural and Rural Development Bank Ltd. and Life Insurance Corporation of India

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **THURSDAY, THE 29[TH] DAY OF SEPTEMBER 2022 / 7TH ASWINA, 1944** **WP(C) NO. 4286 OF 2022** ## **PETITIONERS:** - **1 P.ALI, AGED 61 YEARS, S/O MUHAMMED MASTER, RESIDING AT PARAPPURATH HOUSE, THEKKUMMURI P.O, TIRUR-676 105.** - **2 K.M. ABDULKHADER, MAMBRAMBATH HOUSE, P.O.VENKITARGU, CHAVAKKAD, THRISSUR-680 510.** - **3 C.K. KUMARAN, CHEMMANNUR HOUSE, SREEKOVIL, ELLATHUPARAMBIL P.O, THEKKUMMURI, TIRUR, MALAPPURAM DISTRICT-676 105.** - **4 K. SANTHAKUMARI, W/O MOHANDAS P, PATTAYIL HOUSE, MAITHRI NAGAR, THEKKUMMURI, MALAPPURAM DISTRICT-676 105** - **5 P. RAJAN, PADMASREE, P.O.CHELEMBRA-673 634, MALAPPURAM DISTRICT.** - **6 RADHABAI M, VAISHAKHI, MANGATTI P.O, TIRUR-676 105, MALAPPURAM DISTRICT.** - **7 K. KAMALADEVI, W/O C.M. BALAKRISHNAN NAIR, KATTINATTIL HOUSE (KRISHNALAYAM), KOLELAMBU P.O, MALAPPURAM DISTRICT.** - **8 C.M. GOPINATHAN, CHERUKATTUMANAYIL HOUSE, EDAKKANAD, MUTTANOOR P.O, TIRUR-676 561, MALAPPURAM DISTRICT.** - **9 P.MUHAMMADALI, S/O KUNJI BAVA, PANNIKKAVEETTIL HOUSE, KUTTIKAD, P.O.PONNANI-679 577, MALAPPURAM DISTRICT.** **BY ADV P.V.BABY** ## **RESPONDENTS:** - **1 TIRUR CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO.M.11, P.B.NO 55, TIRUR, MALAPPURAM DISTRICT – 676101, REPRESENTED BY ITS SECRETARY** **WP(C) NO. 4286 OF 2022** **-2-** **2 THE MANAGER, LIFE INSURANCE OF CORPORATION OF INDIA, JEEVAN PRAKASH, 8TH FLOOR, HUSOOR ROAD, KOZHIKODE-673 001.** **BY ADVS.V.KRISHNA MENON PRAMOD KUMAR P.VIJAYAMMA J.SURYA PRINSUN PHILIP SRI.S.EASWARAN** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **WP(C) NO. 4286 OF 2022** **-3-** ## **JUDGMENT** The petitioners impugn Exts.P19 to P27, through which, their Employer, namely the 1[st] respondent – 'Tirur Co-operative Agricultural and Rural Development Bank Ltd.' ('Society', for short), has rejected their claim for gratuity, over and above the payments already made. 2. The petitioners say that they are entitled to a larger amount; but that the Society has now rejected it through the impugned orders merely saying that they have received only the sums mentioned therein from the Life Insurance Corporation of India (LIC), under the Group Gratuity Scheme. 3. Sri.P.V.Baby – learned counsel for the petitioners, argued that law in this regard has been well settled by a Full Bench of this Court in _**Chandrasekharan Nair G. and Others v. Kerala**_ ## **WP(C) NO. 4286 OF 2022** **-4-** ## _**State Co-Operative Agricultural and Rural**_ _**Development Bank Ltd. and Others** [2017 (4) KLT_ _276],_ to the effect that Society is obliged to pay the statutory gratuity to the employees; and that if there is any higher benefit available, same should also be additionally paid. He predicated that, therefore, the Society is enjoined to pay at least the minimum of the statutory amounts, and that if there is higher payout eligible, then same also has to be honoured. He thus prayed that impugned orders be set aside. 4. Sri.V.Krishna Menon – learned Standing Counsel for the 1[st] respondent – Society, submitted that, as is evident from Exts.P19 to P27, Society has paid all amounts received by them from the 2[nd] respondent – LIC, under the Group Gratuity Scheme; and therefore, that no further amounts are payable. He added that, in ## **WP(C) NO. 4286 OF 2022** **-5-** any event, there is an upper-cap under the Payment of Gratuity Act, 1972, and hence that petitioners cannot seek any further benefit. 5. I am afraid that I cannot find affirmatively in favour of the Society at this stage because, it was certainly incumbent upon them to have entered into an adjudication as to whether, going by their applicable Bye-laws and Regulations and under the Statutory Scheme as per Rule 59 of the Kerala Co-operative Societies Rules ('KCS Rules', for short), they are statutorily obliged to pay a larger amount, than what has been received by them from the 2[nd] respondent – LIC, to the petitioners. This is because, as rightly argued by Sri.P.V.Baby, _**Chandrasekharan Nair G.**_ (Supra) settles the law that any additional amount, if eligible, should also be paid; and this does not mean that statutory amounts can be watered-down by the ## **WP(C) NO. 4286 OF 2022** **-6-** Society, merely because they had entered into an agreement or arrangement with the LIC, under the Group Gratuity Scheme. In the afore circumstances, I order this writ petition and set aside Exts.P19 to P27; with a resultant direction to the competent Authority of the 1[st] respondent – Society to hear the petitioners and issue appropriate orders, adjudicating the statutory amounts as are eligible to them; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment. Needless to say, all rival contentions of the parties are left open to be decided appropriately during the afore exercise; and if any amounts are found eligible to the petitioners through it, then same shall be **WP(C) NO. 4286 OF 2022** **==> picture [22 x 9] intentionally omitted <==** disbursed to them without any avoidable delay, but not later than three months thereafter. **Sd/DEVAN RAMACHANDRAN JUDGE** akv **WP(C) NO. 4286 OF 2022** **-8-** ## **APPENDIX OF WP(C) 4286/2022** ## **PETITIONER EXHIBITS** EXHIBIT P1 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED NIL SUBMITTED BY THE 1ST PETITIONER RECEIVED BY THE 1ST RESPONDENT ON 21.1.2021 EXHIBIT P2 A TRUE PHOTOCOPY OF THE CALCULATION STATEMENT SHOWING THE TOTAL AMOUNT OF GRATUITY DUE TO THE PETITIONER PREPARED BY THE 1ST PETITIONER EXHIBIT P3 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 29.12.2021 SUBMITTED BY THE 2ND PETITIONER RECEIVE BY THE 1ST RESPONDENT - EXHIBIT P4 A TRUE PHOTOCOPY OF THE CALCULATION STATEMENT SHOWING THE TOTAL AMOUNT OF GRATUITY DUE TO THE 2ND PETITIONER PREPARED BY HIM DATED 28.1.2022 - EXHIBIT P5 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 24.12.2021 SUBMITTED BY THE 3RD PETITIONER RECEIVED BY THE 1ST RESPONDENT - EXHIBIT P6 A TRUE PHOTOCOPY OF THE CALCULATION STATEMENT SHOWING THE TOTAL AMOUNT OF GRATUITY DUE TO THE 3RD PETITIONER PREPARED BY HIM - EXHIBIT P7 A TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE 4TH PETITIONER RECEIVED BY THE 1ST RESPONDENT ON 21.12.2021 - EXHIBIT P8 A TRUE PHOTOCOPY OF THE CALCULATION STATEMENT SHOWING THE TOTAL AMOUNT OF GRATUITY DUE TO THE 4TH PETITIONER PREPARED BY HER - EXHIBIT P9 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 21.12.2021 SUBMITTED BY THE 5TH PETITIONER RECEIVED - EXHIBIT P10 A TRUE PHOTOCOPY OF THE CALCULATION STATEMENT SHOWING THE TOTAL AMOUNT OF ## **WP(C) NO. 4286 OF 2022** **-9-** ||GRATUITY DUE TO THE 5TH PETITIONER PREPARED| |---|---| ||BY HIM| |EXHIBIT P11|A TRUE PHOTOCOPY OF THE REPRESENTATION| ||DATED 22.12.2021 SUBMITTED BY THE 6TH| ||PETITIONER RECEIVED BY THE 1ST RESPONDENT| |EXHIBIT P12|A TRUE PHOTOCOPY OF THE CALCULATION| ||STATEMENT SHOWING THE TOTAL AMOUNT OF| ||GRATUITY DUE TO THE 6TH PETITIONER PREPARED| ||BY HER| |EXHIBIT P13|A TRUE PHOTOCOPY OF THE REPRESENTATION| ||DATED 27.12.2021 SUBMITTED BY THE 7TH| ||PETITIONER RECEIVED BY THE 1ST RESPONDENT| ||ON 27.12.2021| |EXHIBIT P14|A TRUE PHOTOCOPY OF THE CALCULATION STATION| ||SHOWING THE TOTAL AMOUNT OF GRATUITY DUE TO| ||THE 7TH PETITIONER PREPARED BY HER| |EXHIBIT P15|A TRUE PHOTOCOPY OF THE REPRESENTATION| ||DATED 22.12.2021 SUBMITTED BY THE 8TH| ||PETITIONER RECEIVED BY THE 1ST RESPONDENT| ||ON 22.12.201| |EXHIBIT P16|A TRUE PHOTOCOPY OF THE CALCULATION| ||STATEMENT SHOWING THE TOTAL AMOUNT OF| ||GRATUITY DUE TO THE 8TH PETITIONER PREPARED| ||BY HIM| |EXHIBIT P17|A TRUE PHOTOCOPY OF THE REPRESENTATION| ||DATED 24.12.2021 SUBMITTED BY THE 9TH| ||PETITIONER RECEIVED BY THE 1ST RESPONDENT| |EXHIBIT P18|A TRUE PHOTOCOPY OF THE CALCULATION| ||STATEMENT SHOWING THE TOTAL AMOUNT OF| ||GRATUITY DUE TO THE 9TH PETITIONER PREPARED| ||BY HIM DATED 29.1.2022| |EXHIBIT P19|A TRUE PHOTOCOPY OF THE INTIMATIONS| ||RECEIVED BY THE 1ST PETITIONER DATED| ||10.1.2022| |EXHIBIT P20|A TRUE PHOTOCOPY OF THE INTIMATIONS| ||RECEIVED BY THE 2ND PETITIONER DATED| ## **WP(C) NO. 4286 OF 2022** **-10-** 10.1.2022 - EXHIBIT P21 A TRUE PHOTOCOPY OF THE INTIMATIONS RECEIVED BY THE 3RD PETITIONER DATED 10.1.2022 - EXHIBIT P22 A TRUE PHOTOCOPY OF THE INTIMATIONS RECEIVED BY THE 4TH PETITIONER DATED 10.1.2022 - EXHIBIT P23 A TRUE PHOTOCOPY OF THE INTIMATIONS RECEIVED BY THE 5TH PETITIONER DATED 10.1.2022 - EXHIBIT P24 A TRUE PHOTOCOPY OF THE INTIMATIONS RECEIVED BY THE 6TH PETITIONER DATED 10.1.2022 - EXHIBIT P25 A TRUE PHOTOCOPY OF THE INTIMATIONS RECEIVED BY THE 7TH PETITIONER DATED 10.1.2022 - EXHIBIT P26 A TRUE PHOTOCOPY OF THE INTIMATIONS RECEIVED BY THE 8TH PETITIONER DATED 10.1.2022 - EXHIBIT P27 A TRUE PHOTOCOPY OF THE INTIMATIONS RECEIVED BY THE 9TH PETITIONER DATED 10.1.2022 ## **RESPONDENT EXHIBITS** - EXHIBIT R2(A) TRUE COPY OF THE CLAIM FORM DATED 08.02.2018 SUBMITTED BY THE 1ST RESPONDENT. EXHIBIT R2(B) TRUE COPY OF THE CLAIM SETTLEMENT LETTER DATED 04.07.2006 SENT BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT EXHIBIT R2(C) TRUE COPY OF THE CLAIM SETTLEMENT LETTER DATED 10.04.2010 SENT BY THIS 2ND RESPONDENT TO THE 1ST RESPONDENT EXHIBIT R2(D) TRUE COPY OF THE CLAIM FORM DATED 06.11.2014 SENT BY THE 1ST RESPONDENT TO **-11-** ## **WP(C) NO. 4286 OF 2022** THIS 2ND RESPONDENT. EXHIBIT R2(E) TRUE COPY OF THE CLAIM FORM DATED 06.05.2016 SENT BY THE 1ST RESPONDENT TO THIS 2ND RESPONDENT. EXHIBIT R2(F) TRUE COPY OF THE CLAIM FORM DATED 06.11.2015 SENT BY THE 1ST RESPONDENT TO THIS 2ND RESPONDENT. EXHIBIT R2(G) TRUE COPY OF THE CLAIM SETTLEMENT LETTER DATED 25.04.2009 SENT BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT. EXHIBIT R2(H) TRUE COPY OF THE CLAIM FORM DATED 20.5.2014 SENT BY THE 1ST RESPONDENT TO THIS 2ND RESPONDENT. EXHIBIT R2(I) TRUE COPY OF THE CLAIM FORMS DATED 01.10.2014 SENT BY THE 1ST RESPONDENT TO THIS 2ND RESPONDENT. EXHIBIT R2(J) TRUE COPY OF THE CLAIM FORMS DATED 21.04.2017 SENT BY THE 1ST RESPONDENT TO THIS 2ND RESPONDENT.