Allowed

Geetha Bhai.M.S, v. Joint Registrar of Co-Operative Societies

Kerala HC17 Nov 2021RP/670/2021

Case brief

AI extract

What is this about?

This review petition sought to correct a previous judgment that did not direct statutory interest on gratuity. The Court acknowledged an inadvertent omission and modified the judgment to direct the respondent to pay gratuity with statutory interest from the due date.

What did the court decide?

The previous judgment was modified to direct the second respondent to release the gratuity with statutory interest from the date the amount became due till the date of payment.

Geetha Bhai.M.S, Vs Joint Registrar of… — Pension and Retirement Benefits | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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WEDNESDAY, THE 17^TH DAY OF NOVEMBER 2021 / 26TH KARTHIKA, 1943 RP NO. 670 OF 2021 IN WP(C) 11752/2021

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AGAINST THE ORDER/JUDGMENT IN WP(C) 11752/2021 OF HIGH COURT OF KERALA, ERNAKULAM

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REVIEW PETITIONER/PETITIONER:

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GEETHA BHAI.M.S, AGED 62 YEARS W/O. K.K. BOBAN, KALLUKUZHIYIL HOUSE, GANDHI NAGAR P.O, KOTTAYAM-686 008. (RETIRED SECRETARY MEDICAL COLLEGE EMPLOYEES CO-OPERATIVE SOCIETY LTD. NO. K-703, GANDHI NAGAR, KOTTAYAM).

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BY ADVS. MERIL MUTHU P.JOHN K.M.AMINABEEVI

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RESPONDENTS/RESPONDENTS:

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1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, COLLECTORATE, KOTTAYAM, PIN-686 002 2 ADDL.R2 THE EMPLOYEES MEDICAL COLLEGE CO-OPERATIVE SOCIETY LTD., NO. K-703, REPRESENTED BY ITS PRESIDENT, GANDHI NAGAR, KOTTAYAM, PIN-636 008. ADDL. R2 IS IMPLEADED AS PER ORDER DATED 11.06.2021 IN IA NO. 1/2021 IN W.P.C NO. 11752/2021.

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OTHER PRESENT:

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GP PARVATHY KOTTOL

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 17.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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RP NO. 670 OF 2021 IN WP(C) 11752/2021 2

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JUDGMENT

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The review petitioner had approached this court

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lamenting that, though he was given the pensionary benefits the gratuity amount was not paid. This court by judgment dated 12.08.2021, disposed of the writ petition directing the second respondent to release the gratuity amount payable to the petitioner within one month, failing which the amount will carry 6% interest per annum.

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The review petition is filed by the writ petitioner contending that this court committed an error by refusing to grant statutory interest on the gratuity amount payable to the writ petitioner. The learned counsel for the review petitioner invited my attention to ground No.(G), wherein a ground was set up for payment of gratuity amount with interest. In the relief portion also gratuity amount with interest was sought.

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Notice was served on the second respondent in the

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review petition, who has not turned up.

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RP NO. 670 OF 2021 IN WP(C) 11752/2021 3

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Heard the learned counsel for the review petitioner.

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I feel that the learned counsel is justified in

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submitting that this court committed an error by refusing to grant statutory interest. It seems to be an inadvertent omission and hence the judgment of this court dated 09.04.2021 is liable to be reviewed to the extent. Accordingly, the judgment of this court will stand reviewed to the extent of directing that para 4 of the judgment, will be modified as follows:

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“In the above circumstances, I am inclined to dispose of the writ petition with a direction to the second respondent to release the gratuity with statutory interest, from the date when the amount became due till the date of payment, within a period of one month from today”.

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Review Petition is allowed. Issue modified judgment. Sd/-

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SUNIL THOMAS, JUDGE

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R.AV

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RP NO. 670 OF 2021 IN WP(C) 11752/2021

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The caption “JUDGMENT” in RP No.670/2021 in WP(C)11752/2021 dated 17/11/2021 is corrected as “ORDER” and the date “09/04/2021” mentioned in paragraph 5 of the order dated 17/11/2021 in RP No.670/2021 in WP(C)11752/2021 stands corrected as “12/08/2021” as per order dated 24.11.2021 in RP.No.670/2021 in WP(C) 11752/2021.

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sd/Joint Registrar

Geetha Bhai.M.S, v. Joint Registrar of Co-Operative Societies

Case brief

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Geetha Bhai.M.S, v. Joint Registrar of Co-Operative Societies

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