Kerala High Court
The Kerala State Co-Operative Bank Ltd vs *P.Sidharthakumar on 15 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
Tuesday, the 15th day of February 2022 / 26th Magha, 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,PN-695 028.
BY ADV.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
27/10/2021.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.
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
15/02/2022 upon perusing the appeal memorandum, the court on the same day
passed the following:
ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
=========================================
I.A No.1 of 2022
in
W.A No.1745 of 2021
&
W.A No.1745 of 2021
[arising out of the judgment dated 19.11.21 in W.P(C) No.11845/2020],
W.A No.39 of 2022
[arising out of the judgment dated 19.11.2021 in W.PP(C) No.11877/2020],
W.A No.46 of 2022
[arising out of the judgment dated 19.11.2021 in W.P(C) No.11877/2020]
&
W.A No.58 of 2022
[arising out of the judgment dated 19.11.2021 in W.P(C) No.11845/2020]
=========================================
Dated this the 15th day of February, 2022
ORDER
I.A No.1 of 2022 in W.A No.1745 of 2021 Heard both sides.
2. This is an application filed by the appellants to implead the legal representatives of the deceased respondent herein. It is stated that the respondent in this writ appeal viz., Sri.P.Sidharthakumar has died on 27.10.2021 and that respondent Nos.2, 3 & 4 in the present I.A are the LRs of the deceased respondent in the W.A/writ petitioner, etc.
3. Smt.M.Meena John, learned Advocate submits that she had appeared for the deceased respondent in this appeal and that the LRs of the deceased respondent herein have already filed a separate writ appeal as W.A No.58/2022 to impugn the very same judgment on certain other grounds, etc. I.A No.1 of 2022 in W.A No.1745 of 2021 & W.A No.1745 of 2021, W.A Nos.39, 46 & 58 of 2022 2
4. Accordingly, it is ordered that respondent Nos.2, 3 & 4 in the present I.A, will stand impleaded as additional respondent Nos.3, 4 & 5 in the main writ appeal. The Registry will make necessary changes in the cause title to show the impleadment of these additional parties and would also note in the amended cause title about the reported date of death of the 1st respondent herein, as stated above.
With these observations and directions, the above I.A will stand disposed of.
W.A No.1745 of 2021, W.A No.39 of 2022, W.A No.46 of 2022 & W.A No.58 of 2022 Issue notices to additional respondents 3, 4 & 5 in W.A No.1745/2021 by special messenger, returnable within three days.
2. Further to resolve this factual controversy, it is ordered in the interest of justice that the respondent-LIC will file separate statements in W.A No.1745/2021 and W.A No.39/2022, as to how the respondent-LIC has computed the gratuity amounts in terms of the master policy rules and norms in the case of Sri.P.Sidharthakumar [petitioner in W.P(C) No.11845/2020] and Sri.A.K.Purushothaman [petitioner in W.P(C) No.11877/2020] respectively, giving all the meticulous details and the material particulars in that regard and I.A No.1 of 2022 in W.A No.1745 of 2021 & W.A No.1745 of 2021, W.A Nos.39, 46 & 58 of 2022 3 copies of the statement shall be served on both Smt.M.Meena John, learned Advocate appearing for the contesting respondents as well as Sri.Gilbert George Correya, learned counsel appearing for the appellant-Bank. Further, both the Kerala State Co-operative Bank Ltd. as well as the LIC will furnish instructions on the plea of Smt.M.Meena John, learned counsel appearing for the appellants in W.A Nos.46 & 58 of 2022 that pursuant to retrospective pay revisions, the employer-Bank have made claim for the differential gratuity amount, which has already been released by the respondent-LIC, etc. and that the amounts claimed by them in W.A Nos.46 & 58 of 2022 are only the said differential amount of the DCRG on account of the retrospective pay revision made applicable, etc. List these writ appeals on 24/02/2022. Hand Over to both sides Sd/-
ALEXANDER THOMAS, JUDGE Sd/-
VIJU ABRAHAM, JUDGE vgd 15-02-2022 /True Copy/ Assistant Registrar