SEBASTIAN THOMAS Vs. PEERMADU TALUK CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD REPRESENTE DBY ITS SECRETARY

JUDGEMENT

(1.) The petitioner entered service in the first repsondent cooperative bank on 22.10.1981 as Junior Clerk and he retired from service on attaining the age of superannuation on 31.5.2017 while working as Secretary. At the time of retirement the last drawn salary of the petitioner was Rs.1, 06, 070/-. 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 an amount of Rs.11, 45, 877/- along with interest at the rate of 9% per annum from 12.6.2017 till payment. The petitioner has also sought for a declaration that he is entitled to get the aforesaid amount towards balance gratuity along with interest.

(2.) Heard the learned counsel for the petitioners, the learned counsel for the 1st respondent Bank and the learned Standing Counsel for the 2nd respondent LIC.

(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;