Petitioner, a retired bank employee, filed a writ petition claiming undispensed gratuity. Relying on an earlier decision, the Court directed the bank to pay the balance gratuity amount.
Directed the 3rd respondent bank to pay the balance gratuity amount to the petitioner.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
WEDNESDAY, THE 27TH DAY OF JUNE 2012/6TH ASHADHA 1934
WP(C).No. 37028 of 2009 (W)
PETITIONER:
A.M.VIJAYAN, D/O.MEENAKSHIKUTTY AMMA, CHAITHANYA, KLARI POST TIRUR TALUK,MALAPPURAM DISTRICT (BRANCH MANAGER RETIRED TIRUR URBAN CO-OPERATIVE, BANK LTD)
BY ADV. SRI.TOM K.THOMAS
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM.
3. THE TIRUR URBAN CO-OPERATIVE BANK LTD TIRUR, MALAPPURAM DIST.
THIS WRIT PETITION (CIVIL)HAVING BEEN FINALLY HEARD ON 27-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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APPENDIX
PETITIONER'S EXHIBITS:-
RESPONDENT'S EXHIBITS:-
NIL
//TRUE COPY//
PA TO JUDGE
K.SURENDRA MOHAN,J.
--------------------------------------------WP(C).No.37028 of 2009
Dated this the 27th day of June, 2012
J U D G M E N T
The petitioner, a retired employee of the 3rd respondent bank claims that though he is entitled to be paid a total amount of Rs.4,42,422/- as gratuity, he has only been paid an amount of Rs.3,50,000/-. The petitioner therefore seeks issue of appropriate directions for payment of the balance amount due to him. In view of the decision of this Court reported in
Ratnavalli v. Ambalapadu Service Co-Operative Bank
Limited (2005(3) KLT 320) , the petitioner is entitled to be paid gratuity in accordance with the provisions of the Payment of Gratuity Act, 1972.
In view of the above decision, this writ petition is disposed of directing the 3rd respondent to pay the balance gratuity to the petitioner in accordance with the provisions of the Payment of Gratuity Act, 1972.
K.SURENDRA MOHAN, JUDGE
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1 issue framed by the court
Whether the petitioner is entitled to the balance gratuity amount due in accordance with the Payment of Gratuity Act, 1972.
Colour shows how this judgement treated each authority
Ratnavalli v. Ambalapadu Service Co-Operative Bank LimitedRelied on¶34
Ratnavalli v. Ambalapadu Service Co-Operative Bank Limited (2005(3) KLT 320)
A.M.VIJAYAN
STATE OF KERALA
THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM
THE TIRUR URBAN CO-OPERATIVE BANK LTD
K.SURENDRA MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
K.SURENDRA MOHAN
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