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2014 Supreme(Online)(KER) 7106

HIGH COURT OF KERALA
ANTONY DOMINIC, ANIL K. NARENDRAN, JJ
ELSAMMA ALEX – Appellant
Versus
RUBBER EMPLOYEES CO-OPERATIVE SOCIETY LTD – Respondent


Advocates:
SRI.PHILIP MATHEW, SRI.S.EASWARAN, SRI.MATHEW JOHN (K)

JUDGMENT

ANTONY DOMINIC, J.

This appeal is filed by the petitioner in W.P.(C)No.20225 of 2011, who is aggrieved by judgment of the learned Single Judge dismissing the Writ Petition filed by her.

2. The appellant retired as the Secretary of the first respondent society on 31/10/2010 after rendering a total service of 33 years and three months. The society had entered into an agreement with the LIC whereunder the LIC had taken over the liability for payment of gratuity that is due to the employees society. On her retirement, according to the appellant, she was entitled to a total gratuity of `9,39,034/- and that the said amount was paid by LIC to the society. Her grievance was that, even after the receipt of the aforesaid amount, relying on the provisions of Rule 59 of the Co- operative Societies Rules limiting the entitlement of gratuity to

15 months salary, the society paid her only `8,00,000/-. Further, contending that under Rule 59 entitlement of gratuity was only for `7,24,845/-, the society also demanded repayment of the excess amount received by the appellant. It was in such circumstances, the appellant filed the Writ Petition resisting the steps initiated by the society for reco

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