KARTHIKAPPALLY SERVICE CO-OPERATIVE BANK LIMITED Vs. SANTHAMMA

JUDGEMENT

(1.) Respondent Nos.1 and 2 in W.P.(C) No.35621/2017 are before this Court as appellants, challenging the judgment dated 04.07.2019 of the learned Single Judge.

(2.) W.P.(C) No.35621/2017 was filed by the 1st respondent herein (hereinafter referred to as 'the petitioner') stating that she joined service under the appellants on 19.12.1980 and retired from service on 31.05.2010 while As the 1st appellant-Society was working as Secretary. running in loss, the petitioner was not paid salary in time, which has accumulated into arrears. Pay Revision orders were also not implemented by the appellants. Terminal benefits like Earned Leave surrender and gratuity were also not paid to the petitioner. The petitioner therefore moved the Joint Registrar of Co-operative Societies and the Joint Registrar passed Ext.P3 order dated 03.03.2014 directing the appellants to pay gratuity due to the petitioner immediately. The writ petition was filed seeking to direct the appellants to pay the retirement benefits like Gratuity, Earned Leave surrender, etc.

(3.) The appellants contested the writ petition contending that the petitioner while in service, has indulged in forgery and malpractices. The petitioner gave a consent letter to the appellants for getting enhanced maximum pension at the time of retirement, expressing her willingness to give up the entire arrears of salary due consequent to the implementation of Pay Revision Order effective from 1992. The petitioner has purposefully suppressed the said consent letter before this Court. The petitioner is getting maximum pension as of now. If the petitioner has any dispute with regard to entitlement of gratuity, the petitioner has to approach competent authority under the Payment of Gratuity Act, 1972.