Premdas K vs Kerala State Co-Operative Bank Ltd
2024 Latest Caselaw 17124 Ker

Kerala High Court

Premdas K vs Kerala State Co-Operative Bank Ltd on 20 June, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MR.JUSTICE BASANT BALAJI
          Thursday, the 20th day of June 2024 / 30th Jyaishta, 1946
                         WP(C) NO. 19966 OF 2024 (U)
PETITIONER:

     PREMDAS K., AGED 58 YEARS, S/O GOPI V.M, RETIRED SENIOR MANAGER,
     KERALA STATE CO-OPERATIVE BANK AND RESIDING AT AJAYA NIVAS,
     KUNNAPPALLI, PERINTHALMANNA, MALAPPURAM , PIN - 679322

RESPONDENTS:

  1. KERALA STATE CO-OPERATIVE BANK LTD, PBNO 6515 COBANK TOWERS, PALAYAM
     THIRUVANATHAPURAM REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER , PIN
     - 695033
  2. GENERAL MANAGER KERALA STATE CO-OPERATIVE BANK LTD REGIONAL OFFICE,
     SULTANPET PALAKKAD, PIN - 678001
  3. SPECIAL OFFICER KERALA STATE CO-OPERATIVE BANK LTD (ERSTWHILE
     MALAPPURAM DISTRICT CO-OPERATIVE BANK) DISTRICT OFFICE, UPHILL POST
     MALAPPURAM, PIN - 676505


     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 disburse the petitioner all retiral benefits such as employee's
contribution of provident fund, gratuity, welfare fund and leave
encashment pending disposal of the writ petition.


     This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.JAYASREE K.P & JOHN JOSEPH Advocates for the petitioner, SRI.GILBERT
GEORGE CORREYA Advocate for Respondents (By Order), the court passed the
following:
                                  BASANT BALAJI , J.
                             ------------------------------
                             W.P. (C) No.19966 of 2024
                           -----------------------------------
                        Dated this the 20th day of June 2024

                                            ORDER

The learned Standing counsel seeks time to file counter affidavit.

On the settled principles of law and on the basis of the judgment of

this Court in Mohanan Nair P.G. v. Omallur service Co-operative

Bank Ltd (2022 KHC Online 433), Gratuity and Provident fund of

an employee cannot be withheld. Therefore, there will be a direction

to the respondents to disburse the Provident fund as well as the

Gratuity of the petitioner within one month from today.

Sd/-

BASANT BALAJI , JUDGE Saap/downloads

20-06-2024 /True Copy/ Assistant Registrar