V.T.Sebastian vs Vazhikadavu Service Co-Operative Bank ... on 25 March, 2024
19. Another Division Bench of this court in W.A. Nos.758
of 2022 and connected cases reported in Kerala State Co-
operative Bank Ltd. v. S. Viswanathamallan [2022 SCC
OnLine Ker 3603], which was filed by a Bank challenging the
judgment of a learned Single Judge which directed payment of
gratuity in excess of Rs.10 lakhs, dismissed the appeal of the
Bank holding that in that in view of the Appendix IV of the
Kerala State Cooperative Bank Staff Regulations and Section
4(5) of the Gratuity Act, notwithstanding the fact that only a
lesser amount is due under Section 4(2) thereof. Ext.P1
WP(C) No.11071/2022 14 / 16
WPC 13236/23, 11071/22, 5056/23 and 1464/24
-13-
Regulations, which came into application on 16.2.1968 prior to
the enactment of the Central or the State Regulations of Gratuity
and therefore, the petitioners will be eligible to gratuity in excess
of the limit prescribed. The said judgment was also challenged
by the bank before the Apex Court in SLP No.18734 -
18739/2022 and the apex court has passed an order on 7.11.2022
as follows: