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2026 Supreme(Online)(Ker) 5060

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


Advocates:
For the Appellants/Petitioners: ADV SRI.GILBERT GEORGE CORREYA, SRI.VIJU THOMAS, SMT.M.MEENA JOHN
For the Respondents: ADV DR.ABRAHAM P.MEACHINKARA

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 not paid in full. The petitioner is entitled to Rs.38,29,372/- towards gratuity under the 'Cannanore District Co-operative Central Bank Employees Group Gratuity and Life Assurance Scheme'. The 1st respondent raised a claim for the afore amount under Master Policy No.3839 on behalf of the petition

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