N. SURESH BABU Vs. PATHANAMTHITTA SERVICE CO

JUDGEMENT

(1.) The petitioner, who retired from service while working as Secretary in the 1st respondent Service Co-operative Bank, which is a co-operative society registered under the Kerala Co-operative Societies Act, 1969 on 31.05.2017, after rendering a total service of nearly 30 years, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 and 2 to disburse the balance amount of gratuity amounting to Rs. 4,54,573/- which the 1st respondent Society has already obtained from the 3rd respondent Life Insurance Corporation in terms of the Master Policy, together with interest at the rate of 9% per annum.

(2.) The pleadings and materials on record would show that the gratuity claim of the employees of the 1st respondent Society is covered by Master Policy No.45906 issued by the 3rd respondent Life Insurance Corporation under Employees Group Gratuity Pension Scheme. Towards settlement of the gratuity claim of the petitioner, the 3rd respondent Life Insurance Corporation transferred a sum of Rs. 14,54,573/- to the 1st respondent Society, which is evident from Ext.P2 communication dated 26.05.2017. However, the 1st respondent Society disbursed only a sum of Rs. 10,00,000/- and retained the balance amount.

(3.) Heard the learned counsel for the petitioner, the learned counsel for respondents 1 and 2 Banks, the learned Standing Counsel for the 3rd respondent Life Insurance Corporation of India and also the learned Senior Government Pleader for respondents 5 to 7.