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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE N.NAGARESH, J
Manager Life Insurance Corporation Of India Limited – Appellant
Versus
James Mathew – Respondent
ORDER :
N.NAGARESH, J.
Respondents 3 and 4 in W.P.(C) No.41613 of 2018 have filed these Review Petitions alleging errors apparent on the face of the records in the judgment dated 29.08.2024 in W.P.(C) No.41613 of 2018.
2. W.P.(C) No.41613 of 2018 was filed by retired employees of Meat Products of India Limited stating that they were enrolled by the employer in a Group Gratuity Scheme framed by the Life Insurance Corporation and that the entire amounts in the Group Gratuity Scheme has not been disbursed to the petitioners. The petitioners sought to direct respondents 2 to 4 to pay the balance amount of Gratuity due from the Life Insurance Corporation with interest to the petitioners.
3. This Court found that the legal issue involved in the writ petition had come up for consideration before this Court and before the Hon’ble Apex Court and the Hon’ble Apex Court has laid down the law in this regard. This Court therefore disposed of the writ petition following Exts.P18 to P21 judgments directing the 4th respondent to pay the petitioners the balance amount of Gratuity along with 6% interest.
4. In the judgment in Chandrasekharan Nair G. and others v. Kerala State Co-operative Agricultural an
Employees are entitled to the higher amount of Gratuity under Section 4(5) of the Payment of Gratuity Act, and the employer bears the liability for any deficit.
Employers are required to pay the complete Gratuity amount accrued under the Life Insurance Corporation scheme as per applicable bye-laws.
Employees are entitled to gratuity benefits as per the terms of their employment scheme, which can exceed statutory limits under the Payment of Gratuity Act.
Retired employees are entitled to full gratuity as per relevant statutes, including any excess from insurance schemes.
The court affirmed the applicability of revised gratuity limits as per the Central Government notification and ruled that financial constraints do not exempt employers from timely payment of gratuity....
Retired employees are entitled to higher gratuity benefits under bank regulations which prevail over conflicting statutory provisions.
The Bank cannot retain gratuity amounts released by LIC to the employee.
Section 4(5) of the Payment of Gratuity Act to get attracted, there must be better terms of gratuity available and extended to an employee 'under any award or agreement or contract with the employer'....
Employees are entitled to gratuity benefits under insurance policies that exceed statutory limits as per the Payment of Gratuity Act.
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