Kerala High Court
The Kerala State Co-Operative ... vs George John on 20 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Wednesday, the 20th day of October 2021 / 28th Aswina, 1943
WA NO. 1309 OF 2021
AGAINST JUDGMENT DATED 25.03.2021 IN WP(C) 14173/2019 OF THIS COURT.
---
APPELLANT/RESPONDENT NO.4:
THE KERALA STATE CO-OPERATIVE BANK LTD
REPRESENTED BY ITS GENERAL MANAGER,
CENTRAL JUNCTION,PB NO. 140,KOTTAYAM-686001.
(FORMER IDUKKI DISTRICT CO-OPERATIVE BANK LIMITED,
REPRESENTED BY ITS GENERAL MANAGER, HEAD OFFICE,
IDUKKI COLONY PO., PIN-685602.
BY ADV.SRI.GILBERT GOERGE CORREYA
RESPONDENTS/WRIT PETITIONERS & RESPONDENTS 1 TO 3 & 5 TO 6:
1.GEORGE JOHN,AGED 59 YEARS,S/O. JOHN,KOCHUPARAMBIL HOUSE,
THODUPUZHA EAST P.O,THODUPUZHA,IDUKKI DISTRICT-685 585.
2.LUCY JOSEPH,AGED 56 YEARS W/O. JOHN,KOCHU NEDUNGATTU HOUSE,
MUTHALAKKODAM P.O,THODUPUZHA,IDUKKI DISTRICT-685 605.
3.M.K. SURENDRAN NAIR S/O. KRUSHNA PILLAI,MANJALLOOR HOUSE,
KAPPU,MADAKKATHANAM P.O.,MUVATTUPUZHA TALUK,ERNAKULAM DISTRICT-686 670.
4.P.M. JOSEPH S/O. MICHAEL,PALLIKUNNEL HOUSE,MANAKKADU P.O.,
THODUPUZHA,IDUKKI-685 584.
5.K.T. MATHEW S/O. THOMAS,KURUVANTHANATH HOUSE,
KOLANI P.O.,THODUPUZHA,IDUKKI-685 608.
P.T.O.
6.LUCY GEORGE W/O. GEORGE,MENKOTTAMALIL HOUSE,
200 ACRE,ADIMALI P.O,IDUKKI-685 561.
7.T.V. MATHEWS S/O. VARGHESE,THEKKAN HOUSE,
ADIMALI P.O.,IDUKKI-685 561.
8.STATE OF KERALA,REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF CO-OPERATION,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
9.THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN,DPI JUNCTION,
THYCAUDU, THIRUVANANTHAPURAM-695 014.
10.THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
PAINAVU, IDUKKI DISTRICT-685 603.
11.THE PART TIME ADMINISTRATOR,IDUKKI DISTRICT CO-OPERATIVE BANK LTD,
HEAD OFFICE, IDUKKI COLONY P.O.,PIN-685 602.
12.THE LIFE INSURANCE CORPORATION OF INDIA (LIC),
ERNAKULAM DIVISION, PENSION N GROUP SCHEMES DEPARTMENT,
4TH FLOOR, JEEVAN PRAKASH, M.G. ROAD, COCHIN-682 011,
REPRESENTED BY ITS DIVISIONAL MANAGER.
BY ADV.SRI.GEORGE MATHEW FOR R1 TO R7,
ADDITIONAL ADVOCATE GENERAL SRI.ASOK M.CHERIAN FOR R8.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the Judgment dated 25.03.2021 passed by the Learned Single Judge
in W.P.(C) No.14173 of 2019, pending disposal of the appeal in the
interests of justice and equity.
This Writ Appeal coming on for admission on 20/10/2021 upon perusing
the appeal memorandum, the court passed the following:
P.T.O.
ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
.................................................................
W.A. No.1309 of 2021
[Arising out of judgment dated 25.03.2021 in
W.P.(C) No.14173 of 2019 of this Court]
.................................................................
Dated this the 20th day of October, 2021
ORDER
Sri.Gilbert George Correya, the learned Standing Counsel
for the Kerala State Co-operative Bank Ltd., appearing for the
appellant in this W.A/4th respondent in the W.P(C), would submit
that the gratuity payable to the employees of the appellant bank is on
the basis of an arrangement or agreement with the 12 th respondent -
Life Insurance Corporation of India and that the entire due amount
paid by the LIC to the appellant bank has in fact been paid and
disbursed to the respondents 1 to 7 in the W.A/writ petitioners and
that at the relevant time the amount so received from the LIC and
paid to the employees was Rs.10 lakhs each.
2. Per contra, Sri. George Mathew, the learned counsel
appearing for the contesting respondents 1 to 7 in the W.A/writ
petitions would submit that as a matter of fact the appellant bank
had paid the due higher premium amounts to the LIC and the
amount that should have been claimed by the appellant bank from
the LIC was more than the ceiling limit of Rs.10 lakhs and for
reasons not known to the writ petitioners, the appellant bank has
only claimed Rs.10 lakhs each from the respondent LIC on the
specious premise as if the maximum gratuity payable is only Rs.10
lakhs. Further that going by the higher premium amount paid by the
appellant bank to the respondent LIC, the amount that was actually
payable by the respondent LIC to the appellant bank for disbursal of
the gratuity to the writ petitioners employees would have been much
higher than the ceiling limit of Rs.10 lakhs. Further that, the said
differential amount should also be claimed by the appellant bank
from the respondent LIC and then paid to the writ petitioners
employees, etc.
3. Having regard to the nature of the said controversy now
raised by both sides, it is ordered in the interests of justice that the
appellant bank shall immediately file an affidavit in this appeal
stating as to the nature of the arrangements made by the appellant
bank with the respondent LIC and as to whether they have paid
higher premium amounts to the LIC which warrants payment of an
amount higher than Rs.10 lakhs by the respondent LIC to the
appellant bank for disbursal of DCRG to the writ petitioners and if
so, as to why the appellant bank has limited their claims from the
respondent LIC only to Rs.10 lakhs and as to why they have not
claimed the payment of the differential amount, etc.
4. So also, the 12th respondent - Life Insurance Corporation
of India will file an affidavit through an authorised officer, stating as
to the nature of the arrangements/agreements made between the
respondent LIC and the appellant bank and as to whether higher
premium amounts have been paid warranting payment of an amount
higher than Rs.10 lakhs by the respondent LIC to the appellant bank,
etc. as alleged by the writ petitioners and as to whether the appellant
bank has claimed only Rs.10 lakhs each from the respondent LIC,
etc.
5. Separate affidavits of the appellant bank and the 12 th
respondent LIC shall be filed within two weeks. The contesting
respondents 1 to 7 in the W.A/writ petitioners may file affidavit
thereto within one week thereafter.
6. The Registry will show the name of Sri.Asok M.Cherian,
the learned Additional Advocate General appearing for the
Department of Co-operation in the cause list.
List this case in the admission list on 11.11.2021 along
with W.A.Nos.1179 of 2020 and 1081 of 2020.
Handover
Sd/-
ALEXANDER THOMAS
JUDGE
Sd/-
VIJU ABRAHAM
JUDGE
cks
20-10-2021 /True Copy/ Assistant Registrar
