High CourtsSingle Bench(2011) 03 KL CK 0214

V.K. Venugopal vs Branch Manager, Linfe Insurance and Cherthala South Service Co-Operative

High Court Of Kerala · Decided on 7 March 2011

HON’BLE JUDGES
Antony Dominic, J
CASE NUMBER
Writ Petition (C) No. 13518 of 2010 (L)

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Judgment

6 paragraphs · 209 words

Antony Dominic, J.—The prayers sought in the writ petition are the following:

i) issue a writ of mandamus or any appropriate writ order or direction directing the Respondents to pay balance gratuity amount of Rs. 50,379/- with interest.

ii) declare that Petitioner is entitled to get gratuity amounting to Rs. 3,64,980/- in terms of Sub-Section 5 of Section 4 of Gratuity Act

2.

Petitioner is a retied employee of the 2nd Respondent. The prayer sought is on the basis that the Petitioner is entitled to be cleared a total amount of Rs. 3,64,980/- towards gratuity but however, was paid only Rs. 3,14,583/- based on a policy subscribed by the 2nd Respondent with the 1st Respondent.

3.

Similar claim raised by persons like the Petitioner has already been upheld by this Court in the judgment Retnavalli Vs. Ambalapadu Service Co-operative Bank Ltd., .

4.

Having regard to the above, the Petitioner is entitled to succeed. Therefore, the writ petition is disposed of directing the 2nd Respondent to disburse an amount of Rs. 50,379/- being the balance gratuity due to the Petitioner. This shall be done as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment along with copy of the writ petition.