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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, P. V. BALAKRISHNAN, JJ
THE KERALA STATE CO-OPERATIVE BANK LTD. – Appellant
Versus
SRI. A.K.PURUSHOTHAMAN – Respondent
| Table of Content |
|---|
| 1. claim for full gratuity post-retirement. (Para 3 , 4 , 6 , 9) |
| 2. arguments on computation and entitlement of gratuity. (Para 5 , 7 , 8) |
| 3. court's directive on recalculating gratuity based on the insurance policy. (Para 10 , 12) |
| 4. final order with directions for payment. (Para 13) |
COMMON JUDGMENT
P.V. Balakrishnan , J.
These intra-court appeals are filed challenging the judgment dated 19.11.2021 passed by the learned single judge in W.P.(C) No. 11877 of 2020. Writ appeal 39 of 2022 is filed by respondents 1 and 2 and writ appeal 46 of 2022 is filed by the petitioner in W.P.(C) No. 11877 of 2020.
2. The parties are hereinafter referred to as in their status in the writ petition for convenience.
3. The writ petition was filed by the petitioner, aggrieved by the non-payment of the entire amount of gratuity payable to him under Section 4 (5) of the Payment of Gratuity Act (hereinafter referred to as 'the Act,' for short). The writ petitioner joined the service of the 1st respondent bank on 01.07.1981 and retired from service on 31.10.2018, after serving nearly 38 years. After retirement, even though retiremental benefits were sanctioned to the petitioner, the gratuity was
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