Disposed

Naruvamoodu Service Co-Operative Bank Ltd. v. the Registrar of Co-Operative Societies

Kerala HC28 Mar 2023WP(C)/16499/2019

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition regarding employment benefits, specifically Provident Fund and gratuity. Accepting the petitioner Bank's statement that Rs.11,525/- was payable under the Provident Fund and no gratuity was due, the court directed the Bank to pay the sum within one week.

What did the court decide?

Directed the petitioner Bank to pay Rs.11,525/- towards Provident Fund to the third respondent within one week of receiving a copy of this judgment.

Naruvamoodu Service Co-Operative Bank Ltd. Vs… — Pension and Retirement Benefits | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

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TUESDAY, THE 28TH DAY OF MARCH 2023 / 7TH CHAITHRA, 1945
WP(C) NO. 16499 OF 2019

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PETITIONER:

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1 NARUVAMOODU SERVICE CO-OPERATIVE BANK LTD REPRESENTED BY ITS SECRETARY, NARUVAMOODU P.O.-695 528, THIRUVANANTHAPURAM.

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2 THE MANAGING COMMITTEE OF NARUVAMOODU SERVICE CO-OPERATIVE BANK LTD, REPRESENTED BY ITS PRESIDENT, NARUVAMOODU P.O.-695 528, THIRUVANANTHAPURAM.

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BY ADV P.N.MOHANAN

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RESPONDENTS:

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1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES DEPARTMENT OF CO-OPERATION, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAURAM-695 014.

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2 KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, REPRESENTED BY ITS SECRETARY, P.B.NO.85, KALA NIVAS, T.C.NO.27/156,157,CHINMAYA LANE, KUNNUPURAM, NEAR AYURVEDA COLLEGE, THIRUVANANTHAPURAM-1.

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3 VASANTHAKUMARI AMMA, MUKUNDAGEHAM,VELLAPPALLI, NARUVAMOOD P.O.-695 010, THIRUVANANTHAPURAM.

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BY ADVS.
SRI.M.SASINDRAN
SRI.J.S.AJITHKUMAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.16499 o 2019

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JUDGMENT

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Dated this the 28^th day of March, 2023

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S.Manikumar, C.J.

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Pursuant to our directions dated 01.03.2023, a statement dated 24.03.2023 has been filed on behalf of the

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petitioner Bank.

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Relevant portion of the statement reads thus:

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“4. It is respectfully submitted that the third respondent has been given salary for the period from 1.4.1997 to 31.5.2001 which is for a minimum 5 years of service. Hence the third respondent is not eligible for any amount of gratuity.

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As to the provident fund benefits, the petitioners have calculated the same and arrived at an amount of Rs.11,525/- payable to the third respondent. A true copy of the calculation statement of provident fund benefits payable to the third respondent for the period from 1.4.1997 to 31.5.2001 is produced herewith as Annexure A1 series.”

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According to the petitioner Bank, a sum of Rs.11,525/-

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is payable to Ms. Vasanthakumari Amma, respondent No.3,

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W.P.(C)No.16499 o 2019

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towards Provident Fund and that the 3^rd respondent is not eligible for any amount of gratuity.

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Heard the learned counsel for the parties and perused the material available on record.

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Salary due and payable to the 3^rd respondent has already been paid.

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Having regard to the directions contained in the award, we directed the petitioner to compute the remaining benefits payable to the 3^rd respondent. Now the petitioner Bank stated that the sum of Rs.11,525/- is payable towards Provident Fund and that no amount is payable to the 3^rd respondent towards gratuity.

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Accepting the said statement, Mr.J.S. Ajithkumar, learned counsel for the 3^rd respondent, submitted that writ petition can be disposed of accordingly.

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Placing on record the above, we dispose of this writ petition with a direction to the petitioner Bank to pay the sum

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W.P.(C)No.16499 o 2019

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of Rs.11,525/- towards Provident Fund, within one week from the date of receipt of a copy of this judgment.

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Pending interlocutory applications, if any, shall stand closed.

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Sd/- S.Manikumar Chief Justice

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Sd/-

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Murali Purushothaman Judge

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vpv

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W.P.(C)No.16499 o 2019

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APPENDIX OF WP(C) 16499/2019

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PETITIONER ANNEXURES

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`EXHIBIT P1`	`A TRUE COPY OF THE AWARD DATED 04.07.2006` `IN ARC NO.100/2004.`
`EXHIBIT P2`	`A TRUE COPY OF THE ORDER IN R.P.47/2010` `DATED 26.2.2011.`
`EXHIBIT P3`	`A TRUE COPY OF THE JUDGMENT DATED` `15.3.2013 IN W.P(C) NO.6339/13.`
`EXHIBIT P4`	`A TRUE COPY OF THE ORDER DATED 05.12.2018` `OF THE HUMAN RIGHTS COMMISSION ALONG WITH` `ENGLISH TRANSLATION.`
`EXHIBIT P5`	`A TRUE COPY OF THE ORDER DATED 17.05.2019` `OF THE HUMAN RIGHTS COMMISSION ALONG WITH` `ENGLISH TRANSLATION.`
`EXHIBIT P6`	`A TRUE COPY OF THE ORDER DATED 05.10.2016` `OF THE LOK AYUKTA.`
`EXHIBIT P7`	`A TRUE COPY OF THE ACQUAINTANCE REGISTER` `OF THE BANK.`
`ANNEXURE A1`	`A TRUE COPY OF THE STATEMENT OF PAY AND` `ALLOWANCES AS ARRIVED AT THE BANK FROM` `1.4.1997 TO 31.5.2001 FOR THE PURPOSE OF` `DISBURSEMENT TO THE THIRD RESPONDENT.`
`ANNEXURE A1` `SERIES`	`A TRUE COPY OF THE CALCULATION STATEMENT` `OF PROVIDENT FUND BENEFITS PAYABLE TO THE` `THIRD RESPONDENT FOR THE PERIOD FROM` `1.4.1997 TO 31.5.2001.`

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//TRUE COPY//

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P.A. TO JUDGE

Naruvamoodu Service Co-Operative Bank Ltd. v. the Registrar of Co-Operative Societies

Case brief

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Naruvamoodu Service Co-Operative Bank Ltd. v. the Registrar of Co-Operative Societies

Case brief

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