Kerala High Court
The Kerala State Co-Operative ... vs H.V.Kumar on 25 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Tuesday, the 25th day of January 2022 / 5th Magha, 1943
WA NO. 244 OF 2021
AGAINST JUDGMENT DATED 07.12.2020 IN WP(C) 33169/2018 OF THIS COURT.
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APPELLANTS/1ST & 2ND RESPONDENTS:
1.THE KERALA STATE CO-OPERATIVE AGRICULTURAL AND
RURAL DEVELOPMENT BANK LTD., HEAD OFFICE,STATUE JUNCTION,
THIRUVANANTHAPURAM-695 001.
REPRESENTED BY ITS MANAGING DIRECTOR.
AND ANOTHER.
BY ADV.SRI.M.A.ASIF
RESPONDENTS/PETITIONERS & RESPONDENT NO.3:
1.H.V.KUMAR,AGED 70 YEARS,S/O.HRISHIKESAN NAIR,MAHALEKSHMI,
TC NO.6/1352(5), PTPA NO.27, PTR AVENUE ROAD,
VATTIYOORKAVU P.O., THIRUVANANTHAPURAM-695 013.
AND 34 OTHERS.
BY ADV.SRI.R.T.PRADEEP FOR R1 TO R34
ADV.SMT.PRABHA R.MENON FOR R35.
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 operation of the judgment of the Learned Single Judge dated
07.12.2020 in W.P.(C) No.33169 of 2018, pending disposal of the Writ
Appeal.
This Writ Appeal again coming on for orders along with connected
cases on 25/01/2022 upon perusing the appeal memorandum and this Court's
order dated 27/09/2021, the court on the same day passed the following:
P.T.O.
ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
================================================
W.A. Nos. 244, 246 & 248 of 2021
[arising out of the impugned common judgment dated 7.12.2020 in
WP(C) Nos.33169/2018, 30677/2018, 32176/2019 respectively]
&
WP(C) No. 7804 of 2021
=================================================
Dated this the 25th day of January, 2022
O RDER
The respondent LIC shall file separate affidavits in each of these
4 cases stating as to the nature of arrangements made between the
employer Co-operative Bank and the LIC for payment of gratuity, and as
to whether the arrangement was for payment of premium amounts in
such a manner that only the ceiling limit amount of gratuity will be paid
by the LIC to the employer Bank, or whether premium amounts have
been paid in such a manner to ensure that amounts higher than the
ceiling limit in terms of Sec.4(5) of the Central Payment of Gratuity Act
is paid by the LIC to the employer Bank for ensuring the payment of
gratuity by the employer Bank to the employee/pensioner concerned.
2. The affidavit should contain all meticulous factual details
and particulars in that regard in order to enable this Court to ascertain
as to whether there was any arrangement made between the employer
Bank and the LIC for payment of an amount higher than the ceiling limit
as gratuity, and that the amount equal to ceiling amount was paid by the
LIC to the employer bank only due to the insistence of said employer
W.A. Nos. 244, 246 & 248 of 2021 &
WP(C) No. 7804 of 2021
bank, etc. Affidavits in that regard shall be duly filed by the respondent
LIC separately in each of these 4 cases, within 3 weeks time.
3. The learned Counsel for the LIC in these cases will ensure that
copies of those affidavits are served not only on the counsel for the
appellants and counsel for the writ petitioner, but also on the learned
counsel appearing for the respondent Co-0perative Bank employer as
well. Thereafter the parties concerned will be at liberty to file any reply
thereto if they chose to do so.
4. So also, the respondent LIC will produce copy of the
agreement arrived at between them with the respondent employer bank
in respect of each of these cases, and should also state the gratuity
amount actually paid by them in respect of the pensioners concerned in
these cases.
5. The interim order already granted in these cases will stand
extended till 28.2.2022.
List these cases on 23.2.2022.
Hand over to both sides.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
VIJU ABRAHAM, JUDGE
MMG
25-01-2022 /True Copy/ Assistant Registrar
