Kerala High Court
For vs Unknown on 26 February, 2021
WP(C) 11877/2020 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR. JUSTICE AMIT RAWAL
Friday,the 26th day of February 2021/7th Phalguna, 1942
WP(C) No.11877/2020
For
PETITIONER
information purpose only
SRI. A.K.PURUSHOTHAMAN,,AGED 60 YEARS
S/O. LATE RAGHAVAN NAMBIAR, 'VANAMALA', MUNDAYAD P.O.
KANNUR DISTRICT 670 594.
RESPONDENT
1. THE KANNUR DISTRICT CO-OPERATIVE BANK
PRESENTLY THE KERALA STATE CO-OPERATIVE BANK), REP. BY THE
REGIONAL MANAGER, KANNUR DISTRICT 670 001.
2. THE MANAGING DIRECTOR,
THE KERALA STATE CO OPERATIVE BANK, CO-BANK TOWERS,
PALAYAM, THIRUVANANTHAPURAM .
3. THE DIVISIONAL MANAGER,
L.I.C. OF INDIA, KOZHIKODE DIVISION, DIVISIONAL OFFICE, ( P AND
GS), DEPARTMENT, 7TH FLOOR, JEEVAN PRAKASH, KOZHIKODE 673
001.
Writ Petition (civil) praying inter alia that in the circumstances stated in the
affidavit filed along with the WP(C) the High Court be pleased to direct the 1st
respondent to disburse the balance amount of gratuity amounting to
Rs.18,29,372/- received by the 1st respondent Bank from the 3rd respondent LIC,
as per Master Policy No.3839, pending disposal of the Writ Petition.
This petition again coming on for orders upon perusing the petition and the
affidavit filed in support of WP(C) and this court's order dated 24-02-2021 and
upon hearing the arguments of M/S VIJU THOMAS, M.MEENA JOHN, Advocates
for the petitioner and of M/S M.SASINDRAN, STANDING COUNSEL for R1, the
court passed the following
WP(C) 11877/2020 2/3
AMIT RAWAL, J.
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WP(C) No.11877 of 2020 & WP(C) No.11845 of 2020 (E)
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Dated this the 26th day of February 2021
For information purpose only
ORDER
This Court on the last date of hearing passed the following order in
W.P(C).11887/20:
"It is a classic case of dereliction on part of the Co-operative
Bank, the employer of the petitioner, who is made to run from
pillar to post for claiming gratuity amount. Learned counsel
representing the LIC submits that a sum of Rs.39 lakhs and odd
amount has already been released to the Bank-employer way
back on 22.10.2018 but the petitioner has been released only
Rs.20 lakhs.
Sri.M.Sasindran, learned counsel appearing for the Bank
seeks one day time to enable him to obtain instructions. This
Court accepts the request and adjourns the matter to
26.02.2021. It is made clear that in case no plausible explanation
comes forth in justifying the withholding of the gratuity amount,
this Court may be constrained to impose stringent conditions
upon the employer bank.
Post this matter on 26.02.2021 along with connected case."
Sri.M.Sasindran, learned counsel appearing for the Bank submits that the
exact amount has been deposited to group gratuity scheme instead of the account
of the petitioner-employee which in fact should have been done in view of the
judgment of the Full Bench as well as Single Bench of this Court. Learned counsel
for the respondents submits that he need some time to file counter affidavit.
These cases are pending since 18.06.2020, almost 8 months has already gone-by,
but no counter has been filed. I am of the view that such a cavalier attitude on
behalf of the Regional Manager of the Society in diverting the amount to a
scheme, which is not in compliance with the direction of this Court which is
known to all the Co-operative societies, is not appreciated. In the aforementioned
WP(C) 11877/2020 3/3
situation, I deem it appropriate to summon Regional Manager of Kannur District
Co-operative Bank now presently Kerala State Co-operative bank, Kannur to be
present in Court on 05.03.2021. Hearing of the petition shall be in physical Court
at 2.pm. He is also directed to file an affidavit and in case the contents of affidavit
do not suffice the requirement of law as on today, this Court will be constrained
to initiate action under Article 215 of the Constitution of India.
For information purpose only
Sd/-
AMIT RAWAL, JUDGE
nak
/true copy/
Sd/-
ASSISTANT REGISTRAR
