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2018 Supreme(Ker) 694

ANIL K.NARENDRAN
C. K. Kuttykrishnan Nair – Appellant
Versus
Joint Registrar (General) Co-Operative Societies, Kottayam – Respondent


Advocates Appeared:
For the Petitioner: Sri. S. Jayakrishnan, Sri. S. Parameswara Prasad
For the Respondents: Dr. Abraham P. Meachinkara, Sri. K.P. Harish, Sri. Surin George, Sri. S. Easwaran

JUDGMENT :

The petitioner, who was an employee of the 2nd respondent Co-operative Bank retired from service on 31.12.2007, on attaining the age of superannuation, while working as Assistant General Manager, after rendering a total service of 36 years. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to disburse forthwith a sum of Rs.2,84,022/- towards balance gratuity payable, in excess of the amount received by the 2nd respondent Bank from the 3rd respondent Life Insurance Corporation (for brevity, 'LIC'), together with interest. The petitioner has also sought for a writ of mandamus commanding the 1st respondent Joint Registrar to consider and pass appropriate orders on Ext.P2 representation dated 2.5.2018, as early as possible, after affording him an opportunity of being heard.

2. The pleadings and materials on record would show that the liability to pay gratuity to the employees of the 2nd respondent Bank is covered by the Employees' Group Gratuity Assurance Scheme with the 3rd respondent LIC. In the case of the petitioner, at the time of his retirement, LIC paid a sum of Rs.3,50,470/-





































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