Kerala High Court
The Kerala State Co-Operative ... vs H.V.Kumar on 25 January, 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
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 2 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