Robert Charles vs The Vazhakulam Service ...
2021 Latest Caselaw 4518 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE AMIT RAWAL

     MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942

                        WP(C).No.1498 OF 2019(J)


PETITIONER/S:

      1         ROBERT CHARLES
                AGED 60 YEARS
                S/O MATHAI, KOOVELI, KALAPPURACKAL, VAZHAKULAM P.O.,
                ERNAKULAM DISTRICT, KERALA-686 670.

      2         SUSY M.V.
                AGED 59 YEARS
                W/O K.K. JOHN, KANDATHIL KUDIYIL HOUSE, KODUVELY
                P.O., KARIMANNOOR, THODUPUZHA, IDUKKI DISTRICT,
                KERALA-686 681.

                BY ADVS.
                SMT.I.VINAYAKUMARI
                SMT.SHOBA NAIR

RESPONDENT/S:

      1         THE VAZHAKULAM SERVICE CO-OPERATIVE BANK LIMITED
                NO.751
                REPRESENTED BY SECRETARY, VAZHAKULAM P.O.,
                MUVATTUPUZHA TALUK-686670, ERNAKULAM DISTRICT.

      2         THE MANAGING COMMITTEE OF THE VAZHAKULAM SCB LTD.751
                REPRESENTED BY PRESIDENT, VAZHAKULAM P.O.,
                MUVATTUPUZHA TALUK-686 670, ERNAKULAM DISTRICT.

      3         THE DIVISIONAL MANAGER (P AND GS)
                LIFE INSURANCE CORPORATION OF INDIA LTD., ERNAKULAM
                DIVISIONAL OFFICE, ERNAKULAM DISTRICT, PIN-682 011.

                R1-2 BY ADV. SRI.L.RAM MOHAN
                R1-2 BY ADV. SRI.M.AUBREY ABRAHAM ISAAC
                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
08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1498 OF 2019(J)

                                   2




                             JUDGMENT

Dated this the 8th day of February 2021

This writ petition pertains to the payment of balance of gratuity

due to the petitioners. 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. This writ

petition is 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). In case the

Bank has paid excess amount, than the amount shown by the LIC, the

bank will be at liberty to approach the controlling authority for

vindication of the grievances.

Sd/-

AMIT RAWAL

JUDGE

Jm/ WP(C).No.1498 OF 2019(J)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE PENSION BOOK OF THE IST PETITIONER'S TOWARDS SHOWING HIS ENTRY IN SERVICE, RETIREMENT, PENSION PAYMENT ORDER AND PENSION AMOUNT ETC.

EXHIBIT P2 A TRUE COPY OF THE PENSION BOOK OF THE 2ND PETITIONER TOWARDS SHOWING HER ENTRY IN SERVICE, RETIREMENT, PENSION PAYMENT ORDER AND PENSION AMOUNT ETC.

EXHIBIT P3 A TRUE COPY OF THE BYE-LAWS OF THE IST RESPONDENT BANK.

EXHIBIT P4 A TRUE COPY OF THE STATEMENT OF THE IST RESPONDENT BANK TOWARDS SHOWING THE TOTAL AMOUNT OF ELIGIBLE MATURITY GRATUITY DUE TO THE IST PETITIONER'S AS PER THE BANK CALCULATION.

EXHIBIT P5 A TRUE COPY OF THE STATEMENT OF THE IST RESPONDENT TOWARDS SHOWING THE TOTAL AMOUNT OF ELIGIBLE MATURITY GRATUITY DUE TO 2ND PETITIONER'S AS PER THE BANK CALCULATION.

EXHIBIT P6 A TRUE COPY OF THE REQUEST LETTER DATED 5.11.2018 MADE BY THE IST PETITIONER AND SUBMITTED IT BEFORE THE IST RESPONDENT BANK.

EXHIBIT P7 A TRUE COPY OF THE REQUEST LETTER DATED 5.11.2018 MADE BY THE 2ND PETITIONER AND SUBMITTED IT BEFORE THE IST RESPONDENT BANK.

EXHIBIT P8 A TRUE COPY OF THE REJECTION LETTER OF THE IST RESPONDENT DATED 15.11.2018 GIVEN TO THE IST PETITIONER TOWARDS THE BALANCE AMOUNT OF GRATUITY DUE TO HIM

EXHIBIT P9 A TRUE COPY OF THE REJECTION LETTER OF THE IST RESPONDENT DATED 15.11.2018 GIVEN TO THE 2ND PETITIONER TOWARDS THE BALANCE AMOUNT OF GRATUITY DUE TO HER.

WP(C).No.1498 OF 2019(J)

EXHIBIT P10 A TRUE COPY OF THE FULL BENCH DECISION OF THIS HON'BLE COURT REPORTED IN 2017(4) KLT, 276 JUDGMENT DATED 18.9.2017.

EXHIBIT P11 A TRUE COPY OF THE DIVISION BENCH DECISION OF THE HON'BLE COURT IN THE WA NO.524/18 JUDGMENT DATED 12.7.2018.

EXHIBIT P12 A TRUE COPY OF THE JUDGMENT DATED 10.4.2018 OF THIS HON'BLE COURT IN WPC NO.6571/2018 DECIDED TOWARDS BALANCE OF GRATUITY DUE TO THE PETITIONERS ON THE BASIS OF THE FULL BENCH DECISION OF THIS HON'BLE COURT.

EXHIBIT P13 A TRUE COPY OF THE JUDGMENT DATED 25.6.1997 REPORETED IN 1997 (2) KLT 114 TOWARDS THE BETTER TERMS OF GRATUITY DUE TOT HE PETITIONER AS PER S.4(5) OF THE PAYMENT OF GRATUITY ACT, 1972.

RESPONDENT'S/S EXHIBITS:

EXHIBIT R3(A) TRUE COPY OF COST AND BENEFIT SCHEDULE FOR ARD 28.02.2016.