IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
RAJU MATHEW – Appellant
Versus
THE THALAPPALAM SERVICE CO-OPERATIVE BANK LTD.NO. 3937 – Respondent
WP(C) NO. 41603 OF 2025
| Table of Content |
|---|
| 1. petitioner seeks disbursement of gratuity. (Para 1) |
| 2. reference made to prior judgment. (Para 2) |
| 3. court recognizes entitlement to gratuity. (Para 3) |
JUDGMENT
The petitioner has approached this Court seeking the following reliefs:
“(i) Issue a writ of certiorari or any other appropriate writ, order or direction commanding respondents 1 and 2 to disburse the balance amount of gratuity received from the LIC which is now retained in the Bank forthwith.
(ii) Issue a writ of Mandamus or any other appropriate writ, order or direction forbidding the 3rd respondent from raising objection regarding the payment of balance of Gratuity to the tune of Rs.11,42,327/-which is retained by 1st respondent.
(iii) Grant such other reliefs which this Honourable court deem fit and proper in the facts and circumstances of the case.
(iv) Dispense with the English translation of the vernacular documents.”
2. The learned Counsel for the petitioner submits that the issue is covered in favour of the petitioner y the judgment of this Court in Chandrasekharan Nair G. and Others v. Kerala State Co-operative Agricultural and Rural Development Bank Ltd. and Others [2017 (5) KHC 15] and, therefore, it is contended that in the light of the aforesaid judgment, petitioner is entitled for the reliefs sought for in this writ petition.
3. The learned Counsel for respondents 1 and 2 submits that it is true that the issue is covered in favour of the petitioner by the judgment in Chandrasekharan Nair G. [supra] and hence he is entitled for disbursal of the amount due.
Taking note of the above facts circumstances, I am of the view that the petitioner is entitled to succeed. Therefore, there will be a direction to the 3rd respondent to pay the balance amount of gratuity due to the petitioner in the light of the judgment of this Court in Chandrasekharan Nair G. [supra], within a period of one month from the date of receipt of a certified copy of this judgment.
With the above direction, this writ petition is disposed of.
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