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2026 Supreme(Online)(Ker) 29623
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Viju Abraham, J
JAYASUNDARAN K – Appellant
Versus
KALIKAVU SERVICE CO-OPERATIVE BANK LIMITED – Respondent
WP(C) NO. 6042 OF 2026
Important Points
Subject
Service Law - Gratuity and Terminal Benefits
Act Referred
Headnote
For the Appellants/Petitioners: K.Aboobacker Sidheeque
For the Respondents: Ajmal P., G.Keerthivas
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| 1. employers are liable for the shortfall of gratuity payments. (Para 1 , 2 , 3) |
JUDGMENT
The petitioners have approached this Court seeking a direction to the 1st respondent to pay the balance gratuity amount payable in terms of the special scheme for payment of gratuity to the petitioners with interest at the rate of 12% per annum.
2. The contention raised by the petitioners is that going by the dictum laid down in Chandrasekharan Nair v. Kerala State Co-operative Agricultural and Rural Development Bank Ltd. [2017 (5) KHC 15] the petitioners are eligible to receive the full amount of gratuity and the difference, if any, over and above the amount paid by the LIC, is to be paid by the 1st respondent bank. The petitioners submit that in similar circumstances this Court has interfered and passed Ext.P2 judgment, which is not disputed by the 1st respondent also.
3. After hearing both sides and in view of the dictum laid down by this Court in Chandrasekharan Nair’s case cited Supra, there will be a direction to the 1st respondent bank to disburse the balance amount of gratuity to the petitioners within a period of three months from the date of receipt of a copy of this judgment. If the amount is not paid as ordered above, the same shall carry interest at the rate of 6% per annum from the date on which it became due.
The writ petition is disposed of as above.
