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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Nagaresh, Johnson John, JJ
C.K.ABDURAHIMAN – Appellant
Versus
MALAPPURAM DISTRICT CO-OPERATIVE BANK – Respondent
| Table of Content |
|---|
| 1. employee's entitlement to gratuity after retirement. (Para 2 , 3) |
| 2. employer's obligation under gratuity regulations. (Para 4 , 6) |
| 3. precedent effects on gratuity determination. (Para 5 , 10 , 11) |
| 4. remand of case for reconsideration based on judicial precedent. (Para 8 , 9) |
| 5. final ruling dismissing the appeal due to lack of merit. (Para 12 , 14) |
Nagaresh, J.
The petitioner in W.P.(C) No.30637/2022 is the appellant. The writ petition was filed seeking to direct the respondents to disburse balance gratuity amounting to ₹20,49,960/- with 8% interest within a time frame.
2. The appellant retired from service of the 1st respondent-Malappuram District Co-operative Bank on 30.04.2022 after rendering 38 years of service. The respondents paid ₹20 lakhs to the appellant towards Gratuity. In the writ petition, the appellant contended that a further amount of ₹20,49,960/- is remaining to the credit of the appellant in the Group Gratuity Insurance Scheme. The petitioner is entitled to receive the said amount. The claim of the appellant for payment of the balance amount was rejected as per Ext.P8 order of the 2nd respondent. Hence, the petitioner filed the writ petition.
3. The
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