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High Court of KeralaWP(C)/384/2015disposed of

P.L.Prasannakumari Amma v. The President, The Kidangoor Service Co-Op. Bank Ltd.No.3431

2015-03-04Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 4TH DAY OF MARCH 2015/13TH PHALGUNA, 1936 WP(C).No. 384 of 2015 (W) -------------------------- PETITIONERS:

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1. P.L.PRASANNAKUMARI AMMA, AGED 62 YEARS, W/O HAREENDRANATH, PUTHIYIDATH HOUSE, KIDANGOOR, KOTTAYAM DISTRICT.

2. M.N. NARAYANAN NAMBOOTHIRI, MADHAVAPALLY ILLAM, PIRAYAR, KIDANGOOR KOTTAYAM DISTRICT BY ADVS.SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS:

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1. THE PRESIDENT, THE KIDANGOOR SERVICE CO-OPERATIVE BANK LTD.NO.3431, KIDANGOOR P.O, KOTTYAM DISTRICT 686572

2. LIFE INSURACNE CO-OPERATION OF INDIA, KOTTAYAM, P& GS UNIT, LIC OF INDIA JEEVAN JYOTHI, II FLOOR, STAR JUNCTION KOTTAYAM 686001, RERPESENTED BY ITS MANAGER R1 BY ADV. SRI.JOSHY THANNICKAMATTAM R2 BY ADV. DR.ABRAHAM P.MEACHINKARA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 384 of 2015 (W) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 A TRUE PHOTOCOPY COPY OF THE STATEMENT DATED 09-12-2010, 14-11-2011 AND 10-10-2011 ISSUED BY THE 2ND RESPONDENT IN RESPECT OF THE IST PETITIONER EXHIBIT P2 A TRUE PHOTOCOPY OF THE STATEMENT DTED 25-11-2014 ISSUED BY THE 2ND RESPONDENT SHOWING THE AMOUNT OF GRATUITY IN RESPECT OF THE 2ND PETITIONER RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 384 OF 2015 ------------------------------------ Dated this the 4th day of March, 2015

JUDGMENT

The issue is covered by the judgment dated 28.05.2014 in WP(C) No. 4197/2014 on the file of this court. The said decision follows Retnavalli Vs. Ambalapadu Service Co-operative Bank Ltd. [2005(3) KLT 320] and Mathew Kora Vs. Kadathuruthy Urban Co-operative Bank and others [ILR 2013 (4) KER 933].

2.

The Writ Petition is accordingly allowed declaring that the petitioners are entitled to receive the full amount paid by the second respondent towards gratuity. The balance amount shall be paid by the first respondent bank with interest at the rate of 7% per annum thereon to the petitioners within two months. The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd