K.S. RADHAKRISHNAN vs PEERMADU TALUK CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD

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2025 Supreme(Online)(Ker) 53353

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R. RAVI, J
K.S. RADHAKRISHNAN – Appellant
Versus
PEERMADU TALUK CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD – Respondent

Advocates:
For the Appellants/Petitioners: P.V. BABY, VINEETH P. BABY
For the Respondents: THOMAS ABRAHAM, BIJO FRANCIS, R.S. KALKURA, P.M. SHEMEER

Table of Content
1. the petitioner seeks to quash extant decisions for full gratuity. (Para 1)
2. the statutory ceiling on gratuity payments is defined. (Para 2)
3. previous case law indicates that increased amounts should be paid to employees. (Para 3)

JUDGMENT

The prayers in the writ petition are to quash Exts.P2 and P4 and to declare that the petitioner is entitled to get the full amount received by the Bank from the 2^nd respondent towards the gratuity of the petitioner.

2. The 1^st respondent Bank has filed a counter affidavit wherein it is stated that the Payment of Gratuity Act , 1972 establishes a statutory ceiling of Rs.20 lakhs for gratuity payments and as such a retired employee is entitled only to the legally prescribed amount, irrespective of whether any additional sum was received by the bank from the LIC Group Gratuity Scheme. The 2^nd respondent Insurance Company has filed a counter affidavit stating that an amount of Rs.29,71,015/- has been made over to the 1^st respondent towards gratuity payment of the petitioner. Admittedly, only ₹20,00,000/- has been paid by the 1^st respondent to the petitioner out of the said amount.

3. The issue involved is no longer res integra. A Fu

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