P.SUKUMARAN Vs. THE MUNDUR SERVICE CO

JUDGEMENT

(1.) The petitioner, who entered service of the first respondent Bank as Attender on 16.08.1982, retired from service on superannuation on 30.04.2016 while working as Accountant. The petitioner is having a total length of service of 33 years and 8 months and his last drawn salary was Rs,73,056/- [Rs.38,050/- (basic pay) + Rs. 35,006/- (D.A.)].

(2.) The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the first respondent to disburse a sum of Rs. 4,33,022/- together with 10% interest from the date of retirement towards the balance amount of gratuity payable in terms of the Group Gratuity Cash Accumulation Scheme with the second respondent Life Insurance Corporation. Such a relief is sought for on the ground that, in order to settle the gratuity claim of the petitioner, the first respondent Bank received a sum of Rs. 14,33,022/- from the second respondent Life Insurance Corporation. However, only a sum of Rs. 10,00,000/- was disbursed in view of the provisions under the second proviso to Rule 59(iii) of the Kerala Co-operative Societies Rules, 1969.

(3.) The issue raised in this writ petition regarding the entitlement of the employees of the Co-operative Societies covered by the provisions under the Payment of Gratuity Act to receive better terms under Section 4(5) of the said Act is now settled by the decision of the Full Bench of this Court in Chandrasekharan Nair G. and others v. Kerala State Co-operative Agricultural and Rural Development Bank Ltd. and others (2017 (4) KLT 276) . Paragraphs 5 to 8 of the said decision read thus;