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2019 Supreme(Online)(KER) 25114

HIGH COURT OF KERALA
P.V.ASHA, J
A MOHAMMD MUSTAFA – Appellant
Versus
STATE OF KERALA – Respondent


J U D G M E N T

The petitioners in all these cases are officers retired from Travancore Cochin Chemicals Limited ('TCC' for short). They are aggrieved by the action of the TCC in fixing a ceiling of Rs.10 lakhs as the gratuity payable to them. They seek directions to the respondents to disburse their gratuity at a rate which existed on 30.12.2010, the date on which amendment to the trust deed was effected. As the issue arising in all these cases is one and the same, these writ petitions are disposed of by this common judgment. Parties and documents referred to in this judgment are as described in W.P.(C).No.20174 of

2012.

2. The petitioners in W.P.(C).No.20174 of

2012, retired from service on 20.06.2012 and 20.05.2012 while working in TCC, which is a public sector Company. They have challenged the provision, pointing out that persons who retired prior to their date of retirement got gratuity far in excess of Rs.10 lakhs. It is also pointed out that when they retired from service the Company themselves had mentioned the gratuity amount due to them as Rs.11,18,631/-, in the case of the first petitioner, whereas the actual gratuity amount paid was Rs.10 lakhs.

3. The TCC along with 5 trus

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