Kerala High Court
Damodharan And Otehrs vs The Joint Registrar Of Co-Op.Societies on 31 May, 2022
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 12675 OF 2011
PETITIONERS:
1 DAMODHARAN AND OTEHRS,
RESIDING AT CHERPLASSERY POST, PALAKKAD-679503.
2 K.R.VIJAYALAKSHMI RESIDING AT
KELAMKUMARATH HOUSE, CHERPLASSERY POST,
PALAKKAD-679503.
3 VALSALA, W/O.LATE CHATHAN,
RESIDING AT KOTTAYIL VEEDU,
CHERPLASSERY POST, PALAKKAD-679503.
4 C.JAYAKUMARI, W/O.LATE MOHANAKRISHNAN,
RESIDING AT 'MOJASA', THOTTAKARA DESOM,
OTTAPALAM I VILLAGE, PALAKKAD-679101.
BY ADVS.
SRI.V.CHITAMBARESH (SR.)
SRI.MATHEWS RAJU
SRI.T.C.SURESH MENON
RESPONDENTS:
1 THE JOINT REGISTRAR OF CO-OP.SOCIETIES
SOCIETIES, PALAKKAD-1.
2 THE CHERPLACHERRY SERVICE CO-OPERATIVE
BANK LIMITED, NO.P-689,
REPRESENTED BY ITS SECRETARY,
CHERPLACHERRY P.O., PALAKKAD-679503.
3 THE LIFE INSURANCE CORPORATION OF INDIA,
REPRESENTED BY ITS MANAGER, P-495, DEPARTMENT,
4TH FLOOR, LIC DIVISIONAL OFFICE, M.G.ROAD,
ERNAKULAM-16.
BY ADVS.
M.SASINDRAN
SMT.PRABHA R.MENON
SRI.SANTHEEP ANKARATH
SRI.SUMODH MADHAVAN NAIR
Unnumbered I.A. of 2021
&
W.P. (C) No. 12675 of 2011 -2-
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
AMIT RAWAL, J
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Unnumbered I.A. of 2021 & W.P. (C) No. 12675 of 2011
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Dated this the 31st day of May, 2022 ORDER/JUDGMENT This Court vide judgment dated 17.12.2020 in Writ has disposed off the case accepting the claim of various cases by issuing general directions to the respondents to make the payment of gratuity in terms of the Full Bench Judgment of this Court in Chandrasekharan Nair G. & Others v. Kerala State Co-operative Agricultural and Rural Development Bank Ltd. & Others (2017 (4) KLT
276).
2. An interlocutory application has been filed by the 2nd respondent society before this Court for recalling the order on the ground that amendment in sub-section (3) of Section 4 of the Payment of Gratuity Act, was effected on 24.05.2010 whereas the petitioners employees had retired before 31.01.2010 and the maximum amount of gratuity at the relevant point of time was Rs.3,50,000/- (Rupees three lakh fifty thousand only). Even the insurance company had already disbursed a sum of Unnumbered I.A. of 2021 & W.P. (C) No. 12675 of 2011 -4- Rs.3,50,000/- as evident from the annexures/exhibits attached with the counter affidavit to the writ petition. In this view of the matter, the judgment of this Court has already been complied with but the claim of the petitioner of Rs.10,00,000/- post amendment would not be sustainable. It is in that background the 2 nd respondent society was impelled to prefer an I.A.
3. Learned counsel for the respondents non- applicant-petitioner on the other hand opposed the aforementioned prayer and submitted that the Full Bench judgment unambiguously clarified that whatever agreement has been entered into between the employer and the insurance company, if the amount received is more than the one prescribed under the unamended provisions of the Payment of Gratuity Act, 1972, the same shall be passed on to the affected employee and thus requested this Court for dismissal of the application and take appropriate action against the alleged contempt.
Unnumbered I.A. of 2021 & W.P. (C) No. 12675 of 2011 -5-
4. I have heard the counsel for the parties.
5. Concededly all the petitioners, four in number, have retired before 24.05.2010 when the amendment under Sub-section (3) of Section (4) of the Act of 1972 was caused. At the relevant point of time, the maximum amount of gratuity was Rs.3,50,000/-(Rupees three lakh fifty thousand only). Post amendment the amount has been increased to Rs.10,00,000/- (Rupees ten lakh only). This Court had passed a general order in all the writ petitions and did not deal with individual cases of the petitioners and an anomalous situation has arisen giving cause to the respondents applicants to move an application.
6. I am of the view that there is force in the argument of Mr.Shyamkumar representing Mr.M.Sasindaran supported by the documents placed on record in the counter affidavit of writ petition whereby the Life Insurance Corporation of India (LIC) on maturity of the amount had only disbursed Rs.3,50,000/- (Rupees Unnumbered I.A. of 2021 & W.P. (C) No. 12675 of 2011 -6- three lakh fifty thousand only) and not more. There would have been a force in the argument of the respondents in claiming more amount, had the LIC disbursed more than the amount as it was in vogue i.e., before the amendment. Be that as it may. Since the amount prescribed before the amendment has been disbursed and which has already been paid to the petitioners the judgment dated 17.12.2020 viz-a-viz the petitioners in writ petition No.12675 of 2011 is ordered to recall. I.A. stands allowed.
Since the amount has already been disbursed, no further directions are required in the writ petition. Writ petition is closed.
Sd/-
AMIT RAWAL JUDGE vv Unnumbered I.A. of 2021 & W.P. (C) No. 12675 of 2011 -7- APPENDIX OF WP(C) 12675/2011 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE DEATH CERTIFICATE IN RESPECT TO THE HUSBAND OF THE THIRD PETITIONER DATED 29.1.2010.
EXHIBIT P2 TRUE COPY OF THE DEATH CERTIFICATE IN RESPECT TO THE HUSBAND OF THE FOURTH PETITIONER DATED 3.7.2008.
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION IN RESPECT TO THE ISSUE OF ONE SUCH POLICY DATED 22.4.2009 EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WP(C)NO.25793/2009 ON THE FILE OF THIS HONOURABLE COURT DATED 10.8.2010. EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN W.P. (C)NO.8598/2007 ON THE FILE OF THIS HONOURABLE COURT DATED 24.1.2008 EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN W.P. (C)NO.16169/2008 ON THE FILE OF THIS HONOURABLE COURT DATED 30.5.2008 EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE FIRST PETITIONER TO THE SECOND RESPONDENT DATED 8.4.2010 EXHIBIT P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE SECOND PETITIONER TO THE SECOND RESPONDENT DATED 30.9.2009 EXHIBIT P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE THIRD PETITIONER TO THE SECOND RESPONDENT DATED 5.6.2009 EXHIBIT P10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE FOURTH PETITIONER TO THE SECOND RESPONDENT DATED 24.6.2009 Unnumbered I.A. of 2021 & W.P. (C) No. 12675 of 2011 -8- EXHIBIT P11 TRUE COPY OF THE CIRCULAR NO.25/1999 DATED 22.6.1999.
RESPONDENT EXHIBITS EXHIBIT R2 (a) TRUE COPY OF THE MASTER POLICY NO.3987 DATED 12-06-1975 EXHIBIT R2(a)-TRUE COPY OF THE ENDORSEMENT DATED 16.12.2009.
EXHIBIT R2 (b) TRUE COPY OF THE CLAIM FORM SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 3RD RESPONDENT FOR CLAIMING BENEFITS OF THE GROUP INSURANCE POLICY OF THE 1ST PETITIONER AND DATED 8.1.2010 EXHIBIT R2 (c) TRUE COPY OF THE CLAIM FORM SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 3RD RESPONDENT FOR CLAIMING BENEFITS OF THE GROUP INSURANCE POLICY OF THE 2ND PETITIONER AND DATED 13.08.2009 EXHIBIT R2 (d) TRUE COPY OF THE CLAIM FORM SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 3RD RESPONDENT FOR CLAIMING BENEFITS OF THE GROUP INSURANCE POLICY OF THE 3RD PETITIONER'S HUSBAND AND DATED 15.6.2009 EXHIBIT R2 (e) TRUE COPY OF THE CLAIM FORM SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 3RD RESPONDENT FOR CLAIMING BENEFITS OF THE GROUP INSURANCE POLICY OF THE 4TH PETITIONER'S HUSBAND AND DATED 11.8.2008 EXHIBIT R2 (f) TRUE COPY OF THE COVERING LETTER ANNEXED TO THE CHEQUE ISSUED BY THE THIRD RESPONDENT FOR DISBURSEMENT OF THE CLAIM AMOUNT IN FAVOUR OF THE 1ST PETITIONER AND DATED 15.1.2010 EXHIBIT R2 (g) TRUE COPY OF THE COVERING LETTER ANNEXED TO THE CHEQUE ISSUED BY THE Unnumbered I.A. of 2021 & W.P. (C) No. 12675 of 2011 -9- THIRD RESPONDENT FOR DISBURSEMENT OF THE CLAIM AMOUNT IN FAVOUR OF THE 2ND PETITIONER AND DATED 25.8.2009 EXHIBIT R2 (h) TRUE COPY OF THE COVERING LETTER ANNEXED TO THE CHEQUE ISSUED BY THE THIRD RESPONDENT FOR DISBURSEMENT OF THE CLAIM AMOUNT IN FAVOUR OF THE 3RD PETITIONER'S HUSBAND AND DATED 24.06.2009 EXHIBIT R2 (i) TRUE COPY OF THE COVERING LETTER ANNEXED TO THE CHEQUE ISSUED BY THE THIRD RESPONDENT FOR DISBURSEMENT OF THE CLAIM AMOUNT IN FAVOUR OF THE 4TH PETITIONER'S HUSBAND AND DATED 14.08.2008 EXHIBIT R2 (j) TRUE COPY OF THE MISCELLANEOUS VOUCHER CONCERNING CREDITING OF THE AMOUNT TO THE RESPECTIVE ACCOUNT OF THE 1ST PETITIONER AND DATED 25.01.2010 EXHIBIT R2 (k) TRUE COPY OF THE MISCELLANEOUS VOUCHER CONCERNING CREDITING OF THE AMOUNT TO THE RESPECTIVE ACCOUNT OF THE 2ND PETITIONER AND DATED 31.8.2009 EXHIBIT R2 (l) TRUE COPY OF THE MISCELLANEOUS VOUCHER CONCERNING CREDITING OF THE AMOUNT TO THE RESPECTIVE ACCOUNT OF THE 3RD PETITIONER'S HUSBAND AND DATED 30.6.2009 EXHIBIT R2 (m) TRUE COPY OF THE MISCELLANEOUS VOUCHER CONCERNING CREDITING OF THE AMOUNT TO THE RESPECTIVE ACCOUNT OF THE 4TH PETITIONER'S HUSBAND AND DATED 09.09.2008