Kerala High Court
Susamma Thomas vs The Kumarakom Service Co-Operative ... on 20 June, 2024
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
WP(C) NO. 38676 OF 2017
PETITIONER:
SUSAMMA THOMAS
AGED 63 YEARS
AGED 63 YEARS, W/O. THOMAS VARGHESE,(RETIRED FROM
KUMARAKOM SERVICE CO-OPERATIVE BANK LTDNO.2288,
KUMARAKOM)RESIDING AT THUNCHATHU, PONGAMTHANAM
PO.,VAGATHANAM, KOTTAYAM DISTRICT PIN-686538
BY ADVS.
SRI.M.V.THAMBAN
SRI.ARUN BOSE
SRI.B.BIPIN
SRI.R.REJI
SMT.THARA THAMBAN
RESPONDENTS:
1 THE KUMARAKOM SERVICE CO-OPERATIVE BANK
NO.2288, KUMARAKOM, KOTTAYAM DISTRIC,REPRESENTED
BY ITS SECRETARY, PIN-686631
2 THE PRESIDENT
THE KUMARAKOM SERVICE CO-OPERATIVE BANK
LTDNO.2288, KUMARAKOM, KOTTAYAM DISTRICT,PIN-
686538
3 THE SECRETARY
THE KUMARAKOM SERVICE CO-OPERATIVE BANK
LTD,NO.2288, KUMARAKOM, KOTTAYAM DISTRICT PIN-
686538
4 THE JOINT REGISTRAR GENERAL
OFFICE OF THE JOINT REGISTRAR(GENERAL)OF CO-
OPERATIVE SOCIETIES,KOTTAYAM DISTRICT, PIN-695122
5 THE ASSISTANT REGISTRAR GENERAL
OFFICE OF THE ASSISTANT GENERAL OF CO-OPERATIVE
SOCIETIES DEPARTMENT,KOTTAYAM DISTRICT, PIN-
685603
BY ADVS.
SRI.N.K.KARNIS
WP(C) NO.38676 OF 2016
-: 2 :-
SRI.KIRAN PETER KURIAKOSE
SRI.S.SHYAM
OTHER PRESENT:
SMT. RESMI THOMAS.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Sathish Ninan, J.
----------------------
WP(C).No.38676 of 2017
-------------------------------
Dated this the 20th day of June, 2024
JUDGMENT
Petitioner retired from the 1 st respondent Bank on
31/10/2012, as Secretary. According to the petitioner,
though she was entitled for gratuity amount of
Rs.6,81,930/-, she was paid Rs.3.5 lakhs only. The
balance amount was paid only in the year 2017, after a
delay of 5 years. Claiming interest on the delayed
payment, the petitioner had approached the Joint
Registrar. Though the Joint Registrar, as per Ext.P4,
directed payment of interest on the delayed payment, it
is not paid. It is accordingly that the petitioner has
approached this Court.
2. I have heard Sri.R.Reji, the learned counsel
for the petitioner, Sri.S.Shyam,
WP(C) NO.38676 OF 2017
the learned Counsel for the Society, and also Sri.Bijoy
Chandran, the learned Senior Government Pleader.
3. At the time of retirement, the petitioner was
paid gratuity by calculating the same in terms of the
LIC Policy linked Gratuity Scheme. Payments were so
effected in respect of similarly placed persons also.
One among them had approached this Court in W.P.
(C).No.26854/2011 claiming payment of gratuity in terms
of the Payment of Gratuity Act. This Court, as per
Ext.R3(e) judgment dated 13/02/2017, held that the
employee is entitled for gratuity in terms of the
Gratuity Act. The judgment was passed on 13/02/2017. It
is thereupon that the Society disbursed gratuity to all
its retired employees in terms of the directions in the
said judgment.
4. Pertinently, Ext.R3(e) judgment of this Court
did not grant interest for the delayed payment.
WP(C) NO.38676 OF 2017
Petitioner is also similarly placed. Though the
petitioner had retired on 31/10/2012, till the payment
of further amounts by the Bank in the year 2017, no
dispute or claim was raised by her.
5. The balance amount of gratuity was disbursed
by the Bank without any delay after Ext.R3(e) judgment.
In Ext.R3(e) judgment, this Court declined interest.
Adopting any different view would give way to a slew of
claims. As regards the direction given by the Joint
Registrar in Ext.P4 order, he lacks jurisdiction to pass
such an order.
The writ petition fails and is accordingly
dismissed.
Sd/-
Sathish Ninan, Judge
rsr
WP(C) NO.38676 OF 2017
APPENDIX OF WP(C) 38676/2017
PETITIONER EXHIBITS
EXHIBIT P1: TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
PRESIDENT OF THE BANK DT 05.08.2016
EXHIBIT P2: TRUE COPY OF THE LETTER INFORMED BY THE
SECRETARY OF THE BANK TO THE PETITIONER
DATED 20.8.2016
EXHIBIT P3: TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES DT 18.08.2017
EXHIBIT P4: TRUE COPY OF THE LETTER NO.K.M 2835/2017
ISSUED BY THE ASSISTANT REGISTRAR
DT.27.10.2017
EXHIBIT P5: TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER TO THE
PRESIDENT DT.07.11.2017
EXHIBIT P6: TRUE COPY OF THE REMINDER SUBMITTE DBY
THE PETITIONER DT.16.11.2017
