Latha K. K vs Edavanakad Service Co Operative ...
2021 Latest Caselaw 10601 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                       WP(C).No.5508 OF 2021(K)


PETITIONER:

               LATHA K. K.
               AGED 61 YEARS
               W/O. SHRI MURALEEDHARAN,
               H.NO.7/399 PLASSERIL HOUSE, NR. ANIYAL TEMPLE,
               EDAVANAKAD, EDAVANAKAD P. O.,
               ERNAKULAM, KOCHI, PIN - 682502.

               BY ADVS.
               SRI.C.U.SANGEETH
               SHRI.ALEX ANTONY SEBASTIAN P.A.
               SMT.AMRITA JAYARAM
               M.B.VINOD

RESPONDENTS:

      1        EDAVANAKAD SERVICE CO OPERATIVE BANK LTD.1
               HEAD OFFICE, EDAVANAKAD,
               EDAVANAKAD P. O.,
               ERNAKULAM, KOCHI, PIN - 682502.

      2        PRESIDENT
               REP. BY SRI T. A. JOSEPH, EDAVANAKAD SERVICE CO-
               OPERATIVE BANK LTD. NO.1,
               HEAD OFFICE, EDAVANAKAD,
               EDAVANAKAD P. O.,
               ERNAKULAM, KOCHI, PIN - 682502.

      3        SECRETARY
               REP. BY B. A. PRASEENA, EDAVANAKAD SERVICE CO-
               OPERATIVE BANK LTD. NO.1,
               HEAD OFFICE, EDAVANAKAD, EDAVANAKAD P. O., ERNAKULAM,
               KOCHI, PIN - 682502.

      4        REGISTRAR OF CO-OPERATIVE SOCIETIES
               DEPARTMENT OF COOPERATION,
               GOVERNMENT OF KERALA, JAWAHAR SAHAKARANA BHAVAN,
               DPI JUNCTION, THYCAUD P. O.,
               THIRUVANANTHAPURAM, PIN - 695 014.
 W.P(C).5508/2021
                                    2

       5       JOINT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL)
               5TH FLOOR, NEW BLOCK,
               CIVIL STATION, KAKKANADU,
               ERNAKULAM, PIN - 682030.

       6       ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
               (GENERAL)
               KOCHI TALUK, FORT KOCHI, KOCHI - 682001.


OTHER PRESENT:

               SR.GP BIMAL K NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).5508/2021
                                            3




                                    JUDGMENT

Petitioner herein is a retired employee of the first respondent/bank

who had completed 35 years of service. According to the petitioner,

bank gave her entire retirement benefits except the gratuity. She

claims that, she is entitled to Rs.19,75,050/- as gratuity but the first

respondent/bank disbursed only Rs.10,00,000/-. Petitioner claimed that

the balance amount of Rs.9,75,050/- is due to the petitioner.

2. Having heard the learned counsel for the petitioner and the

learned Senior Government Pleader, I am inclined to dispose of the Writ

Petition by directing the first respondent to take up Ext.P4

representation and to pass appropriate orders on it as expeditiously as

possible, at any rate, within a period of one month from the date of

receipt of a copy of this judgment.

Writ Petition is disposed of as above.

Sd/-

                                                       SUNIL THOMAS

Sbna/                                                        JUDGE
 W.P(C).5508/2021





                         APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           GRATUITY COMPUTATION/CALCULATION STATEMENT
                     DATED 09.02.2017.

EXHIBIT P2           TRUE COPY OF THE OFFICE MEMORANDUM DATED
                     04.08.2016.

EXHIBIT P3           TRUE COPY OF THE DIRECTION/ORDER NO.C.R.P.

(1) 2643/18/L.DS, OF 5TH RESPONDENT DATED 06.07.2020.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 05.01.2021 BEFORE THE 2ND RESPONDENT BANK BY THE PETITIONER.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WP(C) 28445/2020 DATED 18.12.2021.