Kerala High Court
Chandrasekharan Nair. G vs The Kerala State Co-Operative ... on 18 May, 2005
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 2ND DAY OF NOVEMBER 2017/ 11TH KARTHIKA, 1939
WP(C).No. 19892 of 2009 (F)
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PETITIONER(S):
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CHANDRASEKHARAN NAIR. G.,
S/O.K. GOPALA PILLAI, KALANGARA PUTHEN MATOM,
THIRUMUKKU, CHATHANNOOR P.O., KOLLAM DISTRICT.
BY ADV. SRI.SUNNY MATHEW.
RESPONDENT(S):
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1. THE KERALA STATE CO-OPERATIVE AGRICULTURAL
AND RURAL DEVELOPMENT BANK LTD.,
REPRESENTED BY ITS MANAGING DIRECTOR,
OFFICE OF KERALA STATE CO-OPERATIVE AGRICULTURAL
AND RURAL DEVELOPMENT BANK LTD.,
THIRUVANANTHAPURAM.
2. THE DIVISIONAL MANAGER,
LIFE INSURANCE CORPORATION OF INDIA,
PATTOM, THIRUVANANTHAPURAM.
R1 BY SRI.GEORGE POONTHOTTAM, SC.
R2 BY ADV. SMT.PRABHA R.MENON.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 02-11-2017, ALONG WITH WP(C).NO.29976 OF 2009 AND
CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
rs.
WP(C).No. 19892 of 2009 (F)
APPENDIX
PETITIONER'S EXHIBITS:-
EXT.P1 COPY OF THE COMMUNICATION DATED 18/05/2005 FROM THE
1ST RESPONDENT BANK TO LIC.
EXT.P2 COPY OF THE MINUTES OF THE MEETING OF THE BOARD OF
DIRECTORS ON 23/12/2005.
EXT.P3 COPY OF THE COMMUNICATION DATED 03/01/2006 FROM THE
1ST RESPONDENT BANK TO LIC.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.S. TO JUDGE
rs.
SHAJI P. CHALY, J.
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W.P.(C). Nos. 19892/2009, 29976/2009,
16424/2010, 23740/2010, 36143/2010,
37322/2010,20696/2011, 34856/2011,
13576/2012, 30660/2012, 31071/2012,
14773/2013, 14774/2013, 17833/2013,
1453/2014, 20112/2015, 20519/2015,
36685/2016, 4829/2017 & 12718/2017
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Dated this the 02nd day of November, 2017
JUDGMENT
The subject issue raised in these writ petitions is in respect of payment of gratuity under the Special Scheme constituted by the societies with the Life Insurance Corporation of India. By virtue of the prohibition contained under 2nd proviso to Rule 59(iii) of the Kerala Co-operative Societies Rules, 1969, the entire amount received as per the Scheme linked with the LIC was not paid to the petitioners. The subject issue is covered by the judgment of the Full Bench of this Court in 'Chandrasekharan Nair G. and others v. Kerala State Co-operative Agricultural and Rural Development Bank Ltd. and others' [2017(4) KLT 276] and held that the prohibition contained under 2nd proviso W.P.(C). No. 19892/2009 & Connected Cases 2 to Rule 59(iii) of the Co-operative Societies Rules, 1969 will not stand in the way of the petitioners receiving the entire amount as per the LIC linked scheme. The proposition of law laid down by the Full Bench in Chandrasekharan Nair's case (supra) is applicable to the petitioners in these writ petitions also.
2. Therefore, there will be a direction to the respective societies to pay off the entire amount remaining balance to the petitioners as per the LIC linked policy scheme, within two months from the date of receipt of a copy of this judgment along with interest at the rate of 9% from the date, the balance amount has actually fallen due. I also make it clear that if the entire amount as per the Special Scheme is paid, the directions contained above will not be applicable to the said payments. If any of the petitioners have claim for more amount than the amount entitled to be received under the Special Scheme such petitioners will be at liberty to raise that claim before the appropriate statutory authority. W.P.(C). No. 19892/2009 & Connected Cases 3 Writ petitions are disposed of accordingly.
SHAJI P. CHALY JUDGE DCS