N.D. JOSEPH, NADUKUDIYIL HOUSE, KARUMPALAMATTOM, KARIMANNOOR P.O., THODUPUZHA, IDUKKI DISTRICT Vs. THE STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who retired from service while working as Secretary of the 3rd respondent Society, is before this Court in this writ petition seeking a declaration that the proviso to Rule 59 of the Kerala Co-operative Societies Rules which restricts the amount of gratuity to that prescribed under the Payment of Gratuity Act irrespective of whether the amount received out of any scheme implemented by a Society is repugnant to the provisions of the Payment of Gratuity Act and hence unconstitutional. The petitioner has also sought for a writ of certiorari to quash Ext. P-2 communication dated 4.5.2015 of the 2nd respondent Joint Registrar, whereby the 3rd respondent Society was directed to recover the gratuity paid to the petitioner in excess of the statutory limit of Rs. 10 lakhs.

(2.) On 22.2.2016, when this writ petition came up for admission, the learned Senior Government Pleader took notice for the 1st respondent. Notice by speed post was ordered to respondents 2 to 4.

(3.) Heard the learned counsel for the petitioner, the learned Senior Government Pleader appearing for respondents 1 and 2 and also the learned counsel for the 3rd respondent Society.