Allowed

Sreedevi P.S. v. the Joint Registar, Co-Operative Societies

Kerala HC23 Mar 2018WP(C)/5649/2018

Case brief

AI extract

What is this about?

The petitioner, a retired employee, challenged the denial of full gratuity under an LIC-linked scheme due to provisions in Kerala Co-operative Societies Rules. Relying on a Full Bench decision, the Court held that the Rules do not bar receipt of the Scheme amount.

What did the court decide?

A direction was issued to the 2nd respondent to pay the entire gratuity amount forwarded by LIC along with 9% interest from the due date.

Sreedevi P.S. Vs the Joint Registar, Co-Operative… — Company and Corporate | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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FRIDAY, THE 23RD DAY OF MARCH 2018 / 2ND CHAITHRA,1940

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WP(C).No. 5649 of 2018

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PETITIONER:

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SREEDEVI P.S. AGED 63 YEARS, W/O. R. DEVIDASAN,'RETIRED MANAGER', KOTTAYAM CO-OPERATIVE URBAN BANK LTD.NO.421, KOTTAYAM BRANCH, KOTTAYAM DISTRICT, PIN-686001, RESIDING AT SREEVILASAM, VELOOR P.O., KOTTAYAM DISTRICT PIN.686003.

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BY ADVS.SRI.S.JAYAKRISHNAN SRI.S.PARAMESWARA PRASAD

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RESPONDENT(S):

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1. THE JOINT REGISTAR, (GENERAL) CO-OPERATIVE SOCIETIES, KOTTAYAM.PIN 686002.

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2. KOTTAYAM CO-OPERATIVE URBAN BANK LTD. NO.421 REPRESENTED BY ITS GENERAL MANAGER, HEAD OFFICE, THIRUNAKKARA, KOTTAYAM DISTRICT, PIN-686001.

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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.686001.

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R1 BY GOVERNMENT PLEADER SRI.K.P. HARISH R2 BY SRI.SURIN GEORGE IYPE,SC R3 BY SRI.S.EASWARAN, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PBS

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WP(C).No. 5649 of 2018 (E)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF CLAIM FORM FOR GROUP GRATUITY CASH ACCUMULATION SCHEME DATED 20.05.2013.

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EXHIBIT P2 TRUE COPY OF JUDGMENT DATED 06.10.2017 IN WPC NO. 13407/2017 (A) OF THIS HON'BLE COURT.

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RESPONDENT'S EXHIBIT NIL

/TRUE COPY/

PA TO JUDGE

PBS 4/4/2018

ANU SIVARAMAN, J. -------------------------------W.P.(C).No.5649 of 2018 --------------------------------Dated this the 23^rd day of March, 2018

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J U D G M E N T

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-------------------

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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 2^nd 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 2^nd 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.

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Therefore, there will be a direction to the 2^nd respondent to pay the entire amount which has been

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W.P.(C) No.5649 of 2018

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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.

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The writ petition is ordered accordingly.

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Sd/-

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ANU SIVARAMAN JUDGE

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sab

Sreedevi P.S. v. the Joint Registar, Co-Operative Societies

Case brief

What is this about?

What did the court decide?

Sreedevi P.S. v. the Joint Registar, Co-Operative Societies

Case brief

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