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2023 Supreme(Online)(KER) 29211

HIGH COURT OF KERALA
ANU SIVARAMAN, C. JAYACHANDRAN, JJ
NARAYANAN NAIR
– Appellant
Versus

THE JOINT REGISTRAR CO OPERATIVE SOCITIES (GENERAL) – Respondent


Advocates:
KODOTH SREEDHARAN, JAWAHAR JOSE, S.EASWARAN, ABRAHAM P.MEACHINKARA, SRI.B.UNNIKRISHNA KAIMAL, SR.GP

JUDGMENT

Anu Sivaraman, J.

This writ appeal is preferred by the two former employees of the 3rd respondent Co-operative Society, who were the writ petitioners in W.P.(C) No.25144/2022. While the appeal was pending, the 2nd appellant passed away and additional appellants 3 to 6 were impleaded by order dated 13.9.2023 in I.A. No.1/2023 in the writ appeal.

2. The contention in the writ petition was that the petitioners were entitled to the higher amount of gratuity received from the LIC over and above the maximum amount payable as notified under Section 4(3) of the Payment of Gratuity Act (for short, 'the Act'). They contended specifically that a higher amount had been received from the LIC towards the policy taken by the Society for payment of gratuity to them and therefore, the said higher amount is liable to be released to them. They contended that in the light of the judgment of the Full Bench in Chandrasekharan Nair G. and others v. Kerala State Co-operative Agricultural and Rural Development Bank Ltd. and others [2017 (4) KLT 276], they are entitled to the higher amounts released by the LIC.

3. When the matter came up along with other connected cases for disposal in terms of the ju

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