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The Kerala State Cooperative Bank Ltd. vs S. Viswanathamallam on 7 November, 2022

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.1464/2024 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:
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