Kerala High Court
The Kerala State Co-Operative Bank Ltd vs *P.Sidharthakumar on 24 February, 2022
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Thursday, the 24th day of February 2022 / 5th Phalguna, 1943
WA NO. 1745 OF 2021
AGAINST JUDGMENT DATED 19.11.2021 IN WP(C) 11845/2020 OF THIS COURT.
---
APPELLANTS/RESPONDENT NO.1 & 2:
1. THE KERALA STATE CO-OPERATIVE BANK LTD., REPRESENTED BY ITS GENERAL
MANAGER, REGIONAL OFFICE, KANNUR-670 001, (FORMER KANNUR DISTRICT
CO-OPERATIVE BANK) (PRESENTLY THE KERALA STATE CO-OPERATIVE BANK LTD
), REPRESENTED BY THE GENERAL MANAGER (I/C), DISTRICT OFFICE, P.B.NO
35, KANNUR DSITRICT-670 001).
2. THE DEPUTY GENERAL MANAGER, THE KERALA STATE CO-OPERATIVE BANK, HEAD
OFFICE, PB NO.6515, CO-BANK TOWERS, PALAYAM,
THIRUVANANTHAPURAM,PIN-695 028.
BY STANDING COUNSEL SRI.GILBERT GEORGE CORREYA
RESPONDENTS/WRIT PETITIONERS & RESPONDENT NO.3:
1. *SRI.P.SIDHARTHAKUMAR,AGED 61 YEARS,S/O. LATE GOPALAN NAIR,SIGIL
NIVAS,CHETTIPEETIKA, PALLIKUNNU P.O.,KANNUR-670 004.*DECEASED ON
27/10/21,LEGAL HEIRS IMPLEADED.
2. THE DIVISIONAL MANAGER, LIC OF INDIA, KOZHIKODE DIVISION, DIVISIONAL
OFFICE ( P& GS ) DEPARTMENT, 7TH FLOOR, JEEVAN PRAKASH,
KOZHIKODE-673 001. *ADDL.R3,R4 & R5 IMPLEADED.
3. ADDL.R3:SMT.SHYLAJA, AGED 54 YEARS,W/O.LATE
SRI.P.SIDHARTHAKUMAR,SIGIL NIVAS, CHETTIPEETIKA,PALLIKUNNU
P.O.,KANNUR-670 004.
4. ADDL.R4:SRI.SIGIL P., AGED 32 YEARS,S/O.LATE
SRI.P.SIDHARTHAKUMAR,SIGIL NIVAS,CHETTIPEETIKA, PALLIKUNNU
P.O.,KANNUR-670 004.
5. ADDL.R5:SRI.ADARSH P., AGED 28 YEARS,S/O.LATE
SRI.P.SIDHARTHAKUMAR,SIGIL NIVAS,CHETTIPEETIKA, PALLIKUNNU
P.O.,KANNUR-670 004. LEGAL HEIRS OF DECEASED R1 IS IMPLEADED AS
ADDL.R3,R4 & R5 AS PER ORDER DATED 15/02/2022 IN I.A.1/2022 IN WA
1745/2021.
BY ADV.SMT. M.MEENA JOHN FOR R1,ADDL R3,R4 & R5
STANDING COUNSEL SRI. ABRAHAM P.MEACHINKARA FOR R2.
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 19.11.2021 passed by the Learned Single Judge
in W.P.(C) No.11845 of 2020, pending disposal of the appeal in the
interests of justice and equity.
This Writ Appeal coming on for orders along with connected cases on
24.02.2022 upon perusing the appeal memorandum, the court on the same day
passed the following:
P.T.O.
ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
=========================================
W.A. No.1745 of 2021
[Arising out of the judgment dated 19.11.2021 in W.P.(C) No.11845 of 2020],
W.A.No.39 of of 2022
[Arising out of the judgment dated 19.11.2021 in W.P.(C) No.11877 of 2020],
WA No.46 of 2022
[Arising out of the judgment dated 19.11.2021 in W.P.(C) No.11877 of 2020]
&
W.A. No.58 of 2022
[Arising out of the judgment dated 19.11.2021 in W.P.(C) No.11845 of 2020]
==========================================
Dated this the 24th day of February, 2022
ORDER
Sri.Abraham.P.Meachinkara, learned Standing Counsel for the LIC submits that statement dated 23.02.2022 has been filed on behalf of his party in both W.A.No.1745 of 2021 & WA No.39 of 2022 and that copies of the same have already been served on all the parties concerned. Sri.Gilbert George Correya, learned Standing Counsel for the Kerala State Co-operative Bank Ltd seeks short time to get instructions and file an affidavit or statement in the matter in response to the above said statement filed by the respondent LIC. The respondent LIC may also furnish instructions to the learned Standing Counsel as to whether higher premium amounts were paid by the employer Bank to the LIC, for payment of gratuity above the ceiling limit, in the cases of these appellants and also as to whether the lower WA No.1745 of 2021 & WA Nos.39,46,58 of 2022 2 premiums were paid by the employer Bank to the LIC, after 01.08.2020, wherein decision was conveyed for limiting the payment of gratuity amounts as the ceiling limit as per the Payment of Gratuity Act. In the meanwhile, the learned Standing Counsel for the employer Bank as well as the learned Standing Counsel for the respondent LIC will also get instructions on the claim regarding payment of additional gratuity amounts on account of the pay revision of the employees concerned and to meet the contentions raised by them in W.A.Nos.46 of 2022 & 58 of 2022. Further it is also ordered that Smt.M.Meena John, learned Advocate has taken notice for additional respondents 3, 4 & 5 in W.A.No.1745 of 2021. The Registry will show the name of the said Advocate in the cause list of that W.A. List these cases on 10.03.2022.
Hand Over sd/-
ALEXANDER THOMAS, JUDGE sd/-
VIJU ABRAHAM, JUDGE pm 24-02-2022 /True Copy/ Assistant Registrar