Retired employees are entitled to full gratuity as per relevant statutes, including any excess from insurance schemes.

JUDGMENT

The petitioner having retired from the service from the Kollam District Co-operative Bank w.e.f 30.11.2013 has approached this Court pointing out that the gratuity due to the petitioner is not being disbursed to him. The petitioner points out that only an amount of Rs.10 lakhs has been disbursed to him by the respondents, essentially taking the said stand with reference to the provisions of Section 4 (3) of the Payment of Gratuity Act, 1972 that the ultimate entitlement of the petitioner is only to receive Rs.10 lakhs alone. However, the learned counsel for the petitioner states that the respondents have received sums in excess of Rs.10 lakhs from the Life Insurance Corporation under the Group Gratuity Insurance Scheme and therefore, the excess amount is also to be disbursed to the petitioner.

2. Heard Sri.Latheesh Sebastian, the learned counsel for the petitioner, as well as Sri.Gilbert George Correya, the learned Standing Counsel for the respondents herein.

3. I have considered the above submissions made by the learned counsel for the petitioner. The very same issue has been considered by a Full Bench of this Court in Chandrasekharan Nair G. and Osthers vs. Kerala State Co-operative Agricultural and Rural Development Bank Ltd and Others [ 2017 (5) KHC 15 ] deciding the issue in favour of the petitioner. In that view of the matter, I am of the opinion that this writ petition requires to be allowed.

Therefore, this writ petition would stand allowed setting aside Ext.P5 and directing the respondents to disburse the balance of gratuity due to the petitioner within a period of six weeks from the date of receipt of a copy of this judgment. Needless to say that the petitioner would also be entitled for interest at 8% per annum from the date from which the petitioner ought to have been disbursed the afore amount, until realisation.

Sd/-

HARISANKAR V. MENON JUDGE