Kerala High Court
Satheesan M.P vs The Kannur District Co-Operative Bank on 18 May, 2022
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Wednesday, the 18th day of May 2022 / 28th Vaisakha, 1944
WA NO. 368 OF 2022
AGAINST JUDGMENT DATED 24.06.2020 IN WP(C) 29957/2019 OF THIS COURT
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APPELLANT/PETITIONER:
SATHEESAN M.P.,SENIOR MANAGER (RETIRED),KANNUR DISTRICT CO-OPERATIVE
BANK,RESIDING AT MANIKKARA PUTHIYA VEEDU,MADAYI P.O.,KANNUR-670304.
BY ADVS.M/S. T.R.HARIKUMAR, ARJUN RAGHAVAN
RESPONDENTS/RESPONDENTS:
1. THE KANNUR DISTRICT CO-OPERATIVE BANK, REPRESENTED BY GENERAL
MANAGER,KANNUR-670001. (PRESENTLY, KERALA STATE CO-OPERATIVE BANK
LTD.,REPRESENTED BY ITS CEO,COBANK
TOWERS,PALAYAM,THIRUVANANTHAPURAM-PIN-695 033.
2. THE DIVISIONAL MANAGER, LIFE INSURANCE CORPORATION OF KOZHIKODE
DIVISION,DIVISIONAL OFFICE,P AND GS DEPARTMENT,7TH FLOOR,JEEVAN
PRAKASH,KOZHIKODE-673001.
3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), CIVIL STATION,3RD
FLOOR,KANNUR-670002.
4. KERALA STATE CO-OPERATIVE EMPLOYEES' PENSION BOARD, REPRESENTED BY
ITS SECRETARY, PB NO 85, KALA NIVAS, T.C NO. 27/156, 157, CHINMAYA
LANE, KUNNUMPURAM, NEAR AYURVEDA COLLEGE, THIRUVANANTHAPURAM -
695001.
BY ADV.SRI.GILBERT GEORGE CORREYA FOR R1
SENIOR GOVERNMENT PLEADER FOR R3.
STANDING COUNSEL SRI.M.SASINDRAN FOR R4.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to direct the Kerala State Co-operative Bank to disburse the balance
amount of gratuity amounting to Rs.17,89,091/- to the appellant, with
interest at the rate of 6% per annum, within a time limit fixed by this
Hon'ble Court, pending disposal of the writ appeal.
This Writ Appeal coming on for orders along with connected case on
18/05/2022 upon perusing the appeal memorandum, the court on the same day
passed the following:
P.T.O.
EXT.R1(a):TRUE COPY OF THE MEMO DATED 25.10.2018.
ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
=================================
W.A No.368 of 2022
[arising out of the judgment dated 24.06.2020
in W.P(C) No.29957/2019]
&
W.A No.1590 of 2021
[arising out of the judgment dated 11.11.2021
in W.P(C) No.24723/2021]
=================================
Dated this the 18th day of May, 2022
ORDER
After hearing the parties for some time, we note that the respondent- District Co-operative Bank (employer) has placed reliance on the terms and conditions of the Rules of the arrangement made by the employer with the LIC for payment of gratuity, which has been produced as Ext.R1(a) along with the counter affidavit dated 23.12.2021 filed by the respondent in W.A No.1590/2021 (pages 13 to 17 of the said counter affidavit). The provisions as in clause 1(xiv), clause.10 & clause.15 thereof would be relevant. It has to be ascertained as to whether Ext.R-1(a) was the norms in the matter, which was in vogue at the time of the retirement of these appellants. The respondent-LIC has also not filed their pleadings in these writ appeals.
2. The respondent-LIC will file separate affidavits/statements in these two writ appeals and may produce a copy of the norms/agreement as between the employer and the LIC that govern the payment of gratuity of these appellants and should also apprise this Court as to the total amount sanctioned and disbursed by them to the employer, for payment of gratuity to each of these appellants in these writ appeals and also specifically the formula on the basis of which they have arrived at those total figures of gratuity so paid. The W.A No.368/2022 & W.A No.1590/2021 2 appellants and the respondent-District Co-operative Bank will also file separate affidavits/statements in these two cases on the abovesaid points and also should delineate the details of the total gratuity amount payable in terms of clause.10 of Ext.R-1(a) in the case of each of these appellants.
3. The respondent-District Co-operative Bank will also state as to whether they had reckoned not only basic pay and dearness allowances but also other allowances for reckoning the total pay of these appellants for the purpose of gratuity computation and if so, whether it was on the basis of any Government Orders or circulars of the Registrar, etc. and details of the same and such orders/circulars of the State Government and/or Registrar, as the case may be, should also be produced along with the affidavit of the respondent-employer. The parties may also deal with any other pertinent aspects, which are relevant for the determination of issues in these cases. Such additional pleadings may be duly completed by the appellants, the respondent-LIC and the respondent-employer, within two weeks.
List on 06/06/2022.
Hand Over Sd/-
ALEXANDER THOMAS
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
vgd
18-05-2022 /True Copy/ Assistant Registrar