JUDGMENT

The petitioner seeks that 1st and 2nd respondents be directed to pay him the balance gratuity - amounting to Rs.4,06,924/- with 8% interest - because the said amount, in addition to Rs.15,00,000/-, which has already been disbursed to him, was paid to the Society by the Life Insurance Corporation of India (LIC) under a Group Gratuity Scheme.

2. In response to the afore request of the petitioner, as made by his learned counsel – Sri.C.P.Sabari, Sri.Arun Chandran, representing Sri.D.Somasundaram – learned Standing Counsel for the Bank, submitted that the only reason why the afore amount has not been released to the petitioner is because there are certain liabilities due from him and which he had undertaken to repay through Ext.R2(c). He submitted that, therefore, the petitioner cannot seek any further amount, as has been sought for by him in this writ petition.

3. Even when I hear Sri.Arun Chandran on the afore lines, the fact remains that any liability can be recovered from the petitioner only if it had been quantified and determined as per the provisions of the Kerala Co-operative Societies Act and the Rules thereunder. However, there is nothing on record to show that such quantification has been done or that petitioner had been notified of the same.

4. Of course, the stand of the Society is that since the petitioner had given Ext.R2(c) undertaking, it is incumbent upon him to repay the amount due to them and that since he has not done so, it has been adjusted against his gratuity amount. But, as I have already said above, unless these amounts have been validly quantified through a process of law, it will be impermissible to effect any recovery, as has now been done, in an indirect manner, adjusting it against his gratuity payable.

In the afore circumstances, I order this writ petition to the limited extent of leaving liberty to respondents 1 and 2 to complete proceedings with respect to quantification of any liability due from the petitioner; which shall be done not later than two months from the date of receipt of a copy of this judgment, after following due procedure and after affording necessary opportunity of being heard to the petitioner.

Needless to say, if, through the afore exercise, any amounts are found due from the petitioner, same can be adjusted from his balance gratuity, subject to his available remedies, and that rest will be paid without any avoidable delay, but not later than one week thereafter.

It also goes without saying that if no amounts are found due through the afore process of quantification, then the sum now claimed by the petitioner shall be paid to him within the afore time frame.

Sd/-

DEVAN RAMACHANDRAN JUDGE

akv

APPENDIX OF WP(C) 4473/2021 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE CIRCULAR NO.6/1988 DATED

8.2.1988 OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES.

EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION DATED

24.6.2020 OF THE LIC.

EXHIBIT P3 A TRUE COPY OF THE NOTIFICATION BY SRO.NO.755/2013 PUBLISHED IN THE GAZETTE DATED 19.9.2013.

EXHIBIT P4 A TRUE COPY OF THE JUDGMENT AS REPORTED IN

2017 (4) KLT 276 (FB).

EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 13.8.2019 IN SLP (CIVIL) DAIRY NO.25170/2019.

RESPONDENT'S/S EXHIBIT S :

EXHIBIT R2(a) TRUE COPY OF THE PROCEEDINGS OF THE PRESIDENT OF THE BANK DATED 30.1.1995 APPOINTING PETITIONER AS SECRETARY OF THE BANK.

EXHIBIT R2(b) TRUE COPY OF THE RESOLUTION BEARING NUMBER

26 DATED 14.01.2010.

EXHIBIT R2(c) TRUE COPY OF THE UNDERTAKING EXECUTED BY THE PETITIONER.

EXHIBIT R2(d) TRUE COPY OF THE COMPUTATION OF GRATUITY MADE BY THE BANK.

//TRUE COPY// P.A. TO JUDGE