Allowed

Jancy K v. Joint Registrar of Co-Operative Societies

Kerala HC15 Nov 2022WP(C)/23519/2022

Case brief

AI extract

What is this about?

The Court held that the full gratuity amount received by the respondent Society from LIC is payable to the petitioner, following a prior Full Bench decision. The writ petition was allowed, directing the Society to disburse the balance amount within three months.

What did the court decide?

Directed respondents to disburse the balance gratuity amount received from LIC to the petitioner within three months of the judgment.

Jancy K Vs Joint Registrar of Co-Operative Societies — Cooperative Societies | Kerala HC (2022)

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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 DEVAN RAMACHANDRAN

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TUESDAY, THE 15^TH DAY OF NOVEMBER 2022 / 24TH KARTHIKA, 1944

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WP(C) NO. 23519 OF 2022

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PETITIONER:

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JANCY K, AGED 58 YEARS, W/O. GOPALAKRISHNAKURUP P.K., 'RETIRED SECRETARY', PATHANAMTHITTA SERVICE CO-OPERATIVE BANK LTD. NO.Q-363, PATHANAMTHITTA PO., PATHANAMTHITTA DISTRICT. PIN. 689645. RESIDING AT VAISHNAVAM, MANNAM NAGAR PO., PERUMPULICKAL, PANDALAM, PATHANAMTHITTA DISTRICT. PIN. 689501.

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BY ADV S.JAYAKRISHNAN

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RESPONDENTS:

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1 THE JOINT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, CO-OPERATIVE SOCIETIES, PATHANAMTHITTA. PIN. 689645.

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2 PATHANAMTHITTA SERVICE CO-OPERATIVE BANK LTD. NO. Q- 363, REPRESENTED BY ITS SECRETARY, PATHANAMTHITTA PO., PATHANAMTHITTA DISTRICT. PIN. 689645.

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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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BY ADVS.T.R.HARIKUMAR ABRAHAM P.MEACHINKARA ARJUN RAGHAVAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 23519 OF 2022

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JUDGMENT

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The issues in this case are certainly

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covered by the declarations of a learned Full Bench of this Court in Chandrasekharan Nair G.

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and Others v. Kerala State Co-Operative Agricultural and Rural Development Bank Ltd. and Others [2017 (4) KLT 276].

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2. This is because, even though

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“Pathanamthitta Service Co-operative Bank Ltd.” ('Society', for short), admittedly, received an amount of Rs.27,14,391/- towards gratuity due to the petitioner under the Group Gratuity Scheme - which they had entered into with the 3^rd respondent – Life Insurance Corporation of India Ltd. (LIC) - they have disbursed to her only Rs.20 lakhs.

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Nair G. (supra) makes it indubitably clear that

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WP(C) NO. 23519 OF 2022

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any amount received by the Society from the LIC

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under the Group Gratuity Scheme will be eligible to the petitioner, notwithstanding that there are ceiling limits with respect to the payment of Gratuity.

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Bar, though Sri.T.R.Harikumar – learned counsel

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for the Society, tried to explain that,

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initially, his client received only Rs.20 lakhs; and that they got the balance Rs.7,14,391/-, pursuant to a subsequent request.

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Sri.T.R.Harikumar appears to be confirmed by the LIC also because, in their statement, when they say that they had paid Rs.27,14,391/-, they have

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also produced Ext.R3(c) – which appears to be a letter issued by the Society asking them for an

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additional amount of Rs.7,14,391/-, over and

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above Rs.20 lakhs which they had received

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WP(C) NO. 23519 OF 2022

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earlier.

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In the afore circumstances and since there

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is no dispute as to the quantum involved and that Chandrasekharan Nair G. (supra) covers this

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case, I allow this writ petition with the

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following directions:

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disburse all the amounts which they

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have received from the LIC to the petitioner, within a period of three months from the date of receipt of a copy of this judgment.

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(b) If the amounts are paid as afore, then the question of interest is left open to be initiated and pursued by

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the petitioner before an appropriate

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Forum; but if it is not so, then it

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shall carry interest at the rate of 8%

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WP(C) NO. 23519 OF 2022

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per annum from the date on which the aforesaid amounts were received by the Society from the LIC, until it is paid.

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Sd/DEVAN RAMACHANDRAN JUDGE

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akv

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WP(C) NO. 23519 OF 2022

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APPENDIX OF WP(C) 23519/2022

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PETITIONER EXHIBITS

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EXHIBIT P1 TRUE COPY OF CLAIM FORM FOR GROUP GRATUITY CASH ACCUMULATION SCHEME DATED 18.06.2022 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 3RD RESPONDENT. EXHIBIT P2 TRUE COPY OF JUDGMENT DATED 02.04.2019 IN W.P. (C) NO. 17465/2018 OF THIS HON'BLE COURT.

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RESPONDENT EXHIBITS

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EXHIBIT-R2(A)	A TRUE COPY OF THE STATEMENT FORWARDED FROM THE 3RD RESPONDENT TO THE 2ND RESPONDENT SOCIETY
EXHIBIT-R2(B)	A TRUE COPY OF THE INTERIM ORDER DATED 27-02-2020 IN W.A NO.290 OF 2020 OF THIS HON'BLE COURT
EXHIBIT-R2(C)	A TRUE COPY OF THE INTERIM ORDER DATED 04-02-2020 IN SLP (C) NO.2828 OF 2020 OF THE HON'BLE SUPREME COURT
ANNEXURE R3(A)	TRUE COPY OF THE CLAIM FORM DATED 18.4.2022 SUBMITTED BY THE EMPLOYER BANK IN RESPECT OF THE PETITIONER FOR AN AMOUNT OF RS.20,00,000/-
ANNEXURE R3(B)	TRUE COPY OF THE CLAIM FORM DATED 18.6.2022 SUBMITTED BY THE 2ND RESPONDENT BANK FOR THE BALANCE AMOUNT OF RS.7,14,391/- IN RESPECT OF PETITIONER.

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WP(C) NO. 23519 OF 2022

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ANNEXURE R3(C) TRUE COPY OF THE BOARD OF RESOLUTION NO.12 DATED 15.6.2022 OF THE 2ND RESPONDENT BANK FOR BALANCE AMOUNT OF GRATUITY OF RS.7,14,391/- SUBMITTED TO 3RD RESPONDENT.

Jancy K v. Joint Registrar of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

Jancy K v. Joint Registrar of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

What the court decided

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