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2019 Supreme(Ker) 318

DEVAN RAMACHANDRAN
Jayarajan V. T. – Appellant
Versus
Kozhikode District Co-operative Bank Represented by General Manager – Respondent


Advocates Appeared:
For the Petitioner: Sri. P.N. Mohanan.
For the Respondents: Sri. P.C. Sasidharan, SC, Sri. S. Easwaran, SC.

JUDGMENT :

I hear a rather bewildering submission made on behalf of a Co-operative Bank; though not made directly but indirectly, that they are entitled to retain for themselves certain amounts, concededly received at their own request from the Life Insurance Corporation of India (LIC for short hereinafter), towards gratuity payable to the petitioners herein, under a Group Gratuity Insurance Scheme, asserting that the petitioners are not entitled to such amounts under the Payment of Gratuity Act.

2. The respondent-Kozhikode District Co-operative Bank contends very vehemently, in defence to the claims of the petitioners for their full gratuity, that even though the LIC has paid these amounts to them, admittedly as per their own requisition, the petitioners cannot claim any amounts in excess of the statutory limit of Rs.10 lakhs, they being disentitled to such amounts under the Payment of Gratuity Act; and consequently, that they are entitled to appropriate it to themselves.

3. This Court cannot offer imprimatur to the afore contention and I will presently state the reasons that guide me in this view; but after I record the most necessary facts.

4. The petitioners say that they have reti

























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