The court held that the prohibition under Kerala Co-operative Societies Rules does not bar payment of gratuity under the LIC-linked scheme. It directed the 2nd respondent to pay the entire amount due from LIC within two months, along with 9% interest.
The 2nd respondent directed to pay the entire amount forwarded by LIC within two months with 9% interest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 23RD DAY OF MARCH 2018 / 2ND CHAITHRA,1940
WP(C).No. 5612 of 2018
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PETITIONER
M.G.INDIRA DEVI, AGED 62 YEARS, W/O. T.R.. VASUDEVAN NAIR, 'RETIRED GENERAL MANAGER', KOTTAYAM CO-OPERATIVE URBAN BANK LTD.NO. 421, HEAD OFFICE, THIRUNAKKARA, KOTTAYAM DISTRICT, PIN - 686 001. RESIDING AT SREEKOVIL, KOTHANALLOOR P.O., KOTTAYAM DISTRICT, PIN - 686 632.
BY ADVS.SRI.S.JAYAKRISHNAN SRI.S.PARAMESWARA PRASAD
RESPONDENT(S):
1. THE JOINT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, KOTTAYAM, PIN - 686 002.
2. KOTTAYAM CO-OPERATIVE URBAN BANK LTD. NO. 421, REPRESENTED BY ITS GENERAL MANAGER, HEAD OFFICE,THIRUNAKKARA, KOTTAYAM DISTRICT, PIN - 686 001.
3. LIFE INSURANCE CORPORATION OF INDIA LTD. (LIC), REPRESENTED BY ITS MANAGER (P&GS) UNIT (G-603), LIFE INSURANCE CORPORATION OF INDIA LTD, JEEVAN JYOTHI, II FLOOR, STAR JUNCTION, KOTTAYAM, PIN - 686 001.
R1 BY SENIOR GOVERNMENT PLEADER SMT C.S.SHEEJA R2 BY SRI. SURIN GEORGE IYPE R3 BY SRI.S.EASWARAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.V.
WP(C).No. 5612 of 2018 (B)
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF COMMUNICATION DATED 21.11.2014 ISSUED BY THE MANAGER (P&GS) L.I.C., KOTTAYAM TO THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF JUDGMENT DATED 06.10.2017 IN W.P.(C)NO.1340/2017(A) OF THIS HON'BLE COURT.
RESPONDENTS EXHIBITS: NIL
K.V. P.S.TO JUDGE
3.04.2018
ANU SIVARAMAN, J. -------------------------------W.P.(C).No.5612 of 2018 --------------------------------Dated this the 23rd day of March, 2018
J U D G M E N T
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The subject issue raised in this writ petition is in respect of payment of gratuity under the Special Scheme constituted by the societies with the Life Insurance Corporation of India. By virtue of the prohibition contained under 2nd proviso to Rule 59(iii) of the Kerala Co-operative Societies Rules, 1969, the entire amount received as per the Scheme linked with the LIC was not paid to the petitioner. The said issue was considered by a Full Bench of this Court in W.P.(C). No. 19892/2009 and connected cases, dated 18.09.2017 and held that the prohibition contained under 2nd proviso to Rule 59(iii) of the Co-operative Societies Rules, 1969 will not stand in the way of the petitioner receiving the entire amount as per the LIC linked scheme. The proposition of law laid down by the Full Bench in W.P.(C)No.19892/2009 and connected cases, dated 18.09.2017 is applicable to the petitioner in this writ petition also.
W.P.(C) No.5612 of 2018
2
forwarded by the LIC as per the LIC linked scheme pertaining to the petitioner, within two months from the date of receipt of a copy of this judgment along with interest at the rate of 9% from the date, the balance amount has actually fallen due.
The writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE
sab
3 issues framed by the court
Whether the prohibition under Rule 59(iii) of Kerala Co-operative Societies Rules bars payment of gratuity under LIC-linked scheme.
Whether the respondent must pay the entire amount payable under the LIC-linked scheme with interest.
Whether the Full Bench decision in W.P.(C) No. 19892/2009 is applicable to this petitioner.
Colour shows how this judgement treated each authority
Full Bench judgment in W.P.(C) No. 19892/2009Followed¶27
W.P.(C) No. 19892/2009 and connected cases, dated 18.09.2017
1 provisions across 1 enactments
M.G. Indira Devi
The Joint Registrar (General), Cooperative Societies, Kottayam
Kottayam Co-operative Urban Bank Ltd. No. 421
Life Insurance Corporation of India Ltd.
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
