Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 01ST DAY OF JULY 2019 / 10TH ASHADHA, 1941 WP(C).No.25676 of 2016 PETITIONER: V. KRISHNAN, S/O.KANNAN, AGED 59 YEARS, 'INDEEVARAM',THIMIRI P O, CHERUVATHUR, KASARAGOD DT, 671 313, BY ADVS. SRI.K.S.PRAVEEN SMT.P.SHEEBA SRI.K.N.ABHILASH SRI.SUNIL NAIR PALAKKAT RESPONDENTS: 1 KASARGODE DISTRICT CO-OPERATIVE BANK LTD. REPRESENTED BY ITS GENERAL MANAGER, P B NO 48, NAYAK'S ROAD, KASARAGOD-671 121. 2 THE LIFE INSURANCE CORPORATION OF INDIA REPRESENTED BY ITS SENIOR BRANCH MANAGER, P & GS UNIT, 7TH FLOOR, DIVISIONAL OFFICE, JEEVAN PRAKSH, HUZUR ROAD, KOZHIKODE-673 001, 3 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. BY ADVS. SRI.M.SASINDRAN, SC, KASARAGOD DISTRICT CO-OPERATIVE BANK LIMITED SRI.T.V.AJAYAKUMAR, SC KUM.P.H.RIMJU SRI.JAWAHAR JOSE, SC, KASARAGOD DIST. CO.OP BANK LTD. SRI.BIMAL K.NATH, SR.G.P THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.07.2019, ALONG WITH WP(C).191/2018, WP(C).3021/2018, WP(C).4032/2018, WP(C).5162/2018, WP(C).19055/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 01ST DAY OF JULY 2019 / 10TH ASHADHA, 1941 WP(C).No.191 of 2018 PETITIONERS: 1 N. KUNHIKRISHNAN, S/O.LATE KRISHNAN NAIR, AGED 60, "THEJUS", KALIKKADAVUR, P.O. PULIKODE, KASARGODE DT-671 310 2 P.HARIDASAN, S/O. CHANDU, AGED 60, VAISHNAVAM, MALLAYA'S COMPUND, NULLIPPADY, KASARGODE DT. 671 121 3 JANARDHANAN K., S/O NARAYANAN NAIR, AGED 59 YEARS, ANUGRAHAM, PANOOR, P.O. KOTTOOR, KASARGODE DT.671 542 BY ADVS. SMT.P.SHEEBA SRI.VISHAK.K.JOHNSON RESPONDENTS:
1 KASARGODE DIST. CO-OP BANK REPRESENTED BY ITS GENERAL MANAGER,P.B.NO. 48, NAYAK'S ROAD, KASARGODE 671 121 2 THE LIFE INSURANCE CORPORATION OF INDIA REPRESENTED BY ITS SENIOR BRANCH MANAGER,P & GS UNIT, 7TH FLOOR, DIVISIONAL OFFICE, JEEVAN PRAKSH, HUZUR ROAD, KOZHIKODE 673 001 3 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO OPERATION, GOVT. SECRETARIAT,THIRUVANANTHAPURAM- 695001
BY ADVS. SMT.T.K.SREEKALA M.SASINDRAN, SC, KASARAGOD DIST.CO.OP.BANK LTD SRI.S.EASWARAN, SC SRI.BIMAL K.NATH, SR.G.P THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.07.2019, ALONG WITH WP(C).3021/2018, WP(C).4032/2018, WP(C).25676/2016, WP(C).19055/2016, WP(C).5162/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 01ST DAY OF JULY 2019 / 10TH ASHADHA, 1941 WP(C).No.3021 of 2018 PETITIONERS: 1 A.GOPALAN, AGED 60, S/O.LATE A.KUMHAMBU, 'ANUSREE', UDINUR CENTRAL P.O.,UDINUR, KASARGODE DISTRICT-671 310. 2 PADMAKSHAN M., S/O.GOPALAN NAIR C., AGED 58, HOUSING BOARD APARTMENTS, EF8/203, BLOCK NO.2, P.O.MUTTATHODY, KASARGODE DISTRICT-671 121. 3 MOHANAN K.,S/O.NARAYANAN NAIR, PRANAVAM, NELLIKKAT,BALLA P.O., ANANDASHRAMAM (VIA), KASARGODE DISTRICT. 4 E.JANARDHANAN S/O.M.MALINGU NAIR, PANOOR, PUTHIYA VEEDU, P.O.KOTTOOR, KASARGODE. 5 K.K.RAJAN S/O.KUNHAMBADI, ROHITH NIVAS, CHERUVATHUR P.O.,KASARGODE DISTRICT. 6 U.KAMALAKSHAN S/O.M.KUNHAMBU, MATTALAY, NEAR SREE RAMA TEMPLE, P.O.CHERUVATHUR, KASARGODE DISTRICT. BY ADVS. SMT.P.SHEEBA SRI.VISHAK.K.JOHNSON RESPONDENTS: 1 KASARGODE DISTRICT CO-OPERATIVE BANK LTD. REP.BY ITS GENERAL MANAGER, P.B.NO.48, NAYAK'S ROAD,KASARGODE-671 121.
2 THE LIFE INSURANCE CORPORATION OF INDIA REP.BY ITS SENIOR BRANCH MANAGER, P & GS UNIT, 7TH FLOOR, DIVISIONAL OFFICE, JEEVAN PRAKSH, HUZUR ROAD, KOZHIKODE-673 001. 3 THE STATE OF KERALA REP.BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695 001. BY ADV. SRI.LAL GEORGE-sc, LIC M.SASINDRAN, SC, SRI.BIMAL K.NATH, SR.G.P THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.07.2019, ALONG WITH WP(C).4032/2018, WP(C).191/2018, WP(C).25676/2016, WP(C).19055/2016, WP(C).5162/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 01ST DAY OF JULY 2019 / 10TH ASHADHA, 1941 WP(C).No.4032 of 2018 PETITIONER: KRISHNAN M, S/O. KANNAN (LATE),"VAISAKHAM", KANNANKAI, PILICODE (PO), KASARAGOD (DIST), KERALA. BY ADVS. SMT.P.SHEEBA SRI.VISHAK.K.JOHNSON RESPONDENTS:
1 KASARGODE DISTRICT CO-OPERATIVE BANK LTD. REPRESENTED BY ITS GENERAL MANAGER, P.B.NO.48, NAYAK S ROAD, KASARGODE-671121. 2 THE LIFE INSURANCE CORPORATION OF INDIA REPRESENTED BY ITS SENIOR BRANCH MANAGER, P & GS UNIT, 7TH FLOOR, DIVISIONAL OFFICE,JEEVAN PRAKSH, HUZUR ROAD, KOZHIKODE-673 001. 3 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO OPERATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001.
BY ADVS. M.SASINDRAN, SC, KASARAGOD DIST.CO.OP.BANK LTD. SRI.LAL GEORGE SRI.S.EASWARAN, SC SRI.BIMAL K.NATH, SR.G.P SRI.K.AJAYKUMAR, SC-LIC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.07.2019, ALONG WITH WP(C).3021/2018, WP(C).191/2018, WP(C).25676/2016, WP(C).19055/2016, WP(C).5162/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 01ST DAY OF JULY 2019 / 10TH ASHADHA, 1941 WP(C).No.5162 of 2018 PETITIONER: KUMARAN NAIR.M, S/O.CHANDUKUTTY NAIR, PANAYAL HOUSE, PANAYAL P.O., BEKAL (VIA), KASARAGOD (DIST.), KERALA. BY ADVS. SMT.P.SHEEBA SRI.VISHAK.K.JOHNSON RESPONDENTS: 1 KASARAGOD DISTRICT CO-OPERATIVE BANK LTD. REP. BY ITS GENERAL MANAGER, P.B.NO.48, NAYAK'S ROAD, KASARGODE-671 121. 2 THE LIFE INSURANCE CORPORATION OF INDIA REP. BY ITS SENIOR BRANCH MANAGER, P&GS UNIT, 7TH FLOOR, DIVISIONAL OFFICE, JEEVAN PRAKSH, HUZUR ROAD, KOZHIKODE 673001.
3 THE STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. BY ADVS. SRI.K.MOHANAKANNAN M.SASINDRAN, SC, KASARAGOD DIST.CO.OP.BANK LTD SRI.BIMAL.K.NATH, SR.GP, SRI.LAL GEORGE,SC, SRI.T.V.AJAYKUMAR,SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.07.2019, ALONG WITH WP(C).3021/2018, WP(C).4032/2018, WP(C).191/2018, WP(C).25676/2016, WP(C).19055/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 01ST DAY OF JULY 2019 / 10TH ASHADHA, 1941 WP(C).No.19055 of 2016 PETITIONERS 1 C.V.CHANDRAN, S/O.SANKARAN, AGED 58 YEARS, KANIYANKUNDU, EAST BELLIKKOTH, AJANOOR PO, KASARAGODE DISTRICT. 2 CHANDRAMOHANAN P.V, S/O.KRISHNAN, THANKAYAM, TRIKKARIPUR P.O., KASARAGODE DISTRICT. BY ADV. SMT.P.SHEEBA SRI.P.NARAYANAN RESPONDENTS:
1 KASARAGODE DISTRICT CO-OPERATIVE BANK LTD. REP. BY ITS GENERAL MANAGER, P.B. NO.48, NAYAK'S ROAD, KASARAGODE, 671 121. 2 THE LIFE INSURANCE CORPORATION OF INDIA REP. BY ITS SENIOR BRANCH MANAGER, P & GS UNIT, 7TH FLOOR, DIVISIONAL OFFICE, JEEVAN PRAKSH, HUZUR ROAD, KOZHIKODE, 673 001. 3 THE STATE OF KERALA, REP BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO OPERATION, GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695 001.
BY ADVS. SRI.M.SASINDRAN, SC, KASARAGOD DISTRICT CO- OPERATIVE BANK LIMITED SRI.T.V.AJAYAKUMAR KUM.P.H.RIMJU SRI.JAWAHAR JOSE, SC, KASARAGOD DIST. CO.OP BANK LTD. SRI.M.SASINDRANSCKASARGOD DIST.CO.BAN SRI.BIMAL.K.NATH, SR.G.P THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.07.2019, ALONG WITH WP(C).3021/2018, WP(C).4032/2018, WP(C).191/2018, WP(C).25676/2016, WP(C).5162/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
In all these cases, the petitioners seek a larger amount as their gratuity, consequent to their retirement from service, on the allegation that their employer, namely the Kasargode District Co-operative Bank Limited (herein after referred to as 'Bank ' for short), has agreed to pay larger amounts, than the statutory limits, provided by the payment of gratuity.
2. It is the petitioners' specific case that, going by Section 4(5)
of the Payment of Gratuity Act, 1972, if there is an agreement between the employer and the employee for the purpose of a payment of higher gratuity than the statutory limit, then such amounts will have to be paid, as has been also declared by a Full Bench of this Court in Chandrasekharan Nair G. and others v. Kerala State Co-Operative Agricultural and Rural Development Bank Ltd. And others [2017 (4) KLT 276), which has been followed by this Court in Jayarajan V.T. and Others v. Kozhikode District Co-operative Bank and others [2019
(3) KHC 239].
3. After asserting as above, the petitioners concede that the
requisition made by the Bank to the Life Insurance Corporation (LIC), with which it had a Group Gratuity Insurance, was only for an amount of Rs.10 lakhs and that the LIC has already paid this amount well within time, which had, in turn, been paid to them. The specific contention of the petitioners in this writ petition is, however, that the Bank should nevertheless pay the entire eligible gratuity, notwithstanding the statutory limit, since it must be construed that there is a deemed agreement between them and their employer for payment of such amounts. The petitioners rely upon the requisition made by the Bank to the LIC under the Group Gratuity Scheme, wherein, under the head 'total gratuity payable' a figure of Rs.20 lakhs to 30 lakhs were shown in each of their names, though the requisition was limited to Rs.10 lakhs for each of them on account of the fact that the premium paid under the policy was only for that figure. The petitioners say that all this would clearly indicate that there is an implied contract between the employer and themselves and that they are thus bound to pay the entire gratuity pay-out, notwithstanding the amounts received from the LIC.
4. I have heard Sri.K.N.Abhilash and Smt.P.Sheeba, learned
counsel appearing for the petitioners in these cases; Sri.M.Sasindran learned Standing Counsel appearing for the Kasargode District Co- operative Bank; and Sri.T.V.Ajayakumar, Sri.S.Eswaran, Sri.Lal George Sri.K.Mohana Kannan, learned Standing Counsel for the LIC.
5. It is no doubt true that the law is now well settled that if there
is a contract/agreement between the employer and the employee, under which a larger gratuity is promised, then the former is bound to be pay the same notwithstanding the statutory limits under the Payment of Gratuity Act. This position is cemented through the judgment of this Court in Chandrasekharan Nair G. and others (supra) and does not require to be again stated. Similarly, if the petitioners are able to show that a larger pay-out have been made by the LIC under the Group Gratuity Scheme then also, as has been declared by this Court in Jayarajan V.T. and Others (supra) the bank cannot retain any amount from it and will have to disburse the whole of it to the employee, notwithstanding the statutory limit.
6. However, in the case at hand, the difference is that the Bank
decided, in the year 2013, to limit the premium payable under the Group Gratuity Scheme only to receive a gratuity to an extent of Rs.10 lakhs, which was the statutory limit; and therefore the LIC paid only this amount, which was concededly then disbursed by the Bank to the petitioners. The assertion of the petitioners is that this action of the Bank, in having limited the amount of premium paid or payable to the LIC under the Group Gratuity Scheme, is illegal and unlawful and that they ought not to have done so, because they have, in similar cases, paid larger amounts to other employees.
7. In addition to the afore, Smt.P.Sheeba also says that her
clients have a specific contention that the afore mentioned resolution of the Bank was never acted upon and that the LIC continued to pay a higher pay-out based on the premium paid by the Bank in the case of other employees.
8. Even when I hear the learned counsel for the petitioners on
the afore lines, the pleadings on record and the materials available do not show that the Bank has paid a higher premium to the LIC or that the LIC had paid a higher pay-out in the case of any other person similarly situated as the petitioners.
9. Of course, the submissions of Sri.K.N.Abhilash and
Smt.P.Sheeba is that the LIC paid a higher amount till 2013 and this may be true, because concededly, until that time the Bank appears to have been having paying a larger premium to obtain a larger pay-out, since the resolution in question was taken by them only in the year
2013. The question whether the Bank was right in adopting this resolution, limiting the pay-out to Rs.10 lakhs, or otherwise are not
issues that a germane for my consideration in these writ petitions, since
these are in the factual realm and are upto the petitioners to assail, by raising necessary disputes under the provisions of Section 69 of the Kerala Co-operative Societies Act.
10. As matters now stand, it is evident that the Bank paid
premium only to an extent of Rs.10 lakhs; that the LIC honored the requisition against the account of the each of the petitioners herein to that amount alone; and further that such amounts were also disbursed to them.
11. The mandate of Chandrasekharan Nair G. and others
(supra) is therefore, satisfied; and if the petitioners require a higher pay-out on the allegation that the resolution of the Bank, limiting the payment of premium only to an extent of Rs.10 lakhs to the LIC, is wrong they will have to initiate appropriate proceeding for it, but not through a writ petition, under Article 226 of the Constitution of India, on account of the inhibitions in the jurisdiction of this Court, while dealing with factual factors. In the afore circumstances, these writ petitions are closed without any further orders; however reserving giving full liberty to the petitioners to raise a dispute under Section 69 of the Kerala Co-operative Societies Act, if they are so advised; and in such event, the period during which these writ petitions have been pending before this Court until the certified copy of this judgment received, will be excluded while computing to compute the periods of limitation. Sd/- DEVAN RAMACHANDRAN JUDGE mpm APPENDIX OF WP(C) 25676/2016 PETITIONER'S EXHIBITS: EXHIBITS P1 COPY OF THE RELEVANT PROVISIONS IN THE BY-LAW OF THE IST RESPONDENT BANK EXHIBITS P2 COPY OF THE MASTER POLICY ISSUED BY THE 2ND RESPONDENT IN RESPECT OF THE EMPLOYEES OF THE IST RESPONDENT. EXHIBITS P3 COPY OF THE COMMUNICATION DTD 24/10/1996 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCEITIES. EXHIBITS P4 COPY OF THE COMMUNICATION DTD 4/8/2006 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P5 COPY OF THE JUDGMENT DTD 13/10/2011 IN WPC 16107/2011 EXHIBIT P6 COPY OF THE JUDGMENT DTD 5/3/2013 IN WPC NO 18276/2012. EXHIBIT P7 TRUE COPY OF THE NOTE FOR THE MEETING OF BOARD OF DIRECTORS WITH REF.NO. B/52A/2018-19 DATED 19/02/2019 OF THE 1ST RESPONDENT RESPONDENTS EXHIBITS EXHIBIT R1 (a) TRUE COPY OF THE TRUST DEED SO
CONSTITUTED BY THE 1ST RESPONDENT, FOR THE MANAGEMENT OF GRATUITY FUND, TOGEHTER WITH THE RULES SO FRAMED
EXHIBIT R2 (a) TRUE COPY OF THE RELEVANT EXTRACT OF THE RESOLUTION NO.36 DATED 30.07.2013 ADOPTED BY THE BOARD OF DIRECTORS OF THE 1ST RESPONDENT BANK EXHIBIT R2 (b) TRUE COPY OF THE LETTER DATED 04.09.2015 OF THE GENERAL MANAGER OF THE 1ST RESPONDENT BANK EXHIBIT R2 (c) TRUE COPY OF THE LETTER DATED 12.09.2015 ALONG WITH THE CLAIM CALCULATION SHEET PREPARED BY THE 2ND RESPONDENT. EXHIBIT R2 (d) TRUE COPY OF THE DISCHARGE FORM DULY SIGNED BY THE 1ST RESPONDENT BANK EXHIBIT R2 (e) TRUE COPY OF THE RELEVANT PORTION OF COST AND BENEFITS SCHEDULE. APPENDIX OF WP(C) 191/2018 PETITIONERS' EXHIBITS: EXHIBIT P1 COPY OF THE RELEVANT PROVISIONS IN THE BYE-LAW OF THE 1ST RESPONDENT BANK. EXHIBIT P2 COPY OF THE MASTER POLICY ISSUED BY THE 2ND RESPONDENT IN RESPECT OF THE EMPLOYEES OF THE 1ST RESPONDENT. EXHIBIT P3 COPY OF THE COMMUNICATION DATED 24.10.1996 ISSUED BY THE REGISTRAR OF CO- OPERATIVE SOCIETIES EXHIBIT P4 COPY OF THE COMMUNICATION DATED 04.08.2006 ISSUED BY THE 2ND RESPONDENT EXHIBIT P5 COPY OF THE NOTE FOR THE MEETING OF BOARD OF DIRECTORS WITH REF: NO.B/52A/2018-19 DATED 19/2/2019 OF THE 1ST RESPONDENT APPENDIX OF WP(C) 3021/2018 PETITIONERS' EXHIBITS: EXT.P1: COPY OF THE RELEVANT PROVISIONS IN THE BYE-LAW OF THE 1ST RESPONDENT BANK. EXT.P2: COPY OF THE MASTER POLICY ISSUED BY THE 2ND RESPONDENT IN RESPECT OF THE EMPLOYEES OF THE 1ST RESPONDENT. EXT.P3: COPY OF THE COMMUNICATION DATED 04.08.2006 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P4 COPY OF THE NOTE FOR THE MEETING OF BOARD OF DIRECTORS WITH REF: NO.B/52A/2018-19 DATED 19.02.2019 OF THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: EXHIBIT R2 (a) TRUE COPY OF THE EXTRACT OF THE RESOLUTION DATED 30.07.2013 EXHIBIT R2 (b) TRUE COPY OF THE CLAIM FORM SUBMITTED BY THE MASTER POLICY HOLDER BANK IN RESPECT OF THE 1ST PETITIONER. EXHIBIT R2 (c) TRUE COPY OF THE CLAIM FORM SUBMITTED BY THE MASTER POLICY HOLDER BANK IN RESPECT OF THE 2ND PETITIONER. EXHIBIT R2 (d) TRUE COPY OF THE CLAIM FORM SUBMITTED BY THE MASTER POLICY HOLDER BANK IN RESPECT OF THE 3RD PETITIONER. EXHIBIT R2 (e) TRUE COPY OF THE CLAIM FORM SUBMITTED BY THE MASTER POLICY HOLDER BANK IN RESPECT OF THE 4TH PETITIONER. EXHIBIT R2 (f) TRUE COPY OF THE CLAIM FORM SUBMITTED BY THE MASTER POLICY HOLDER BANK IN RESPECT OF THE 5TH PETITIONER. EXHIBIT R2 (g) TRUE COPY OF THE CLAIM FORM SUBMITTED BY THE MASTER POLICY HOLDER BANK IN RESPECT OF THE 6TH PETITIONER. EXHIBIT R2 (h) TRUE COPY OF THE DISCHARGE FORM DULY SIGNED BY THE MASTER POLICY HOLDER BANK IN RESPECT OF THE 1ST PETITIONER. EXHIBIT R2 (i) TRUE COPY OF THE DISCHARGE FORM DULY SIGNED BY THE MASTER POLICY HOLDER BANK IN RESPECT OF THE 2ND PETITIONER. EXHIBIT R2 (j) TRUE COPY OF THE DISCHARGE FORM DULY SIGNED BY THE MASTER POLICY HOLDER BANK IN RESPECT OF THE 3RD PETITIONER. EXHIBIT R2 (k) TRUE COPY OF THE DISCHARGE FORM DULY SIGNED BY THE MASTER POLICY HOLDER BANK IN RESPECT OF THE 4TH PETITIONER. EXHIBIT R2 (l) TRUE COPY OF THE DISCHARGE FORM DULY SIGNED BY THE MASTER POLICY HOLDER BANK IN RESPECT OF THE 5TH PETITIONER. EXHIBIT R2 (m) TRUE COPY OF THE DISCHARGE FORM DULY SIGNED BY THE MASTER POLICY HOLDER BANK IN RESPECT OF THE 6TH PETITIONER. APPENDIX OF WP(C) 4032/2018 PETITIONER'S EXHIBITS: EXHIBIT P1 COPY OF THE RELEVANT PROVISIONS IN THE BYE-LAW OF THE 1ST RESPONDENT BANK. EXHIBIT P2 COPY OF THE MASTER POLICY ISSUED BY THE 2ND RESPONDENT IN RESPECT OF THE EMPLOYEES OF THE 1ST RESPONDENT. EXHIBIT P3 COPY OF THE COMMUNICATION DATED 4.8.2006 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P4 COPY OF THE NOTE FOR THE MEETING OF BOARD OF DIRECTORS WITH REF:NO.B/52A/2018-19 DATED 19.02.2019 OF THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: EXHIBIT R2 (a) TRUE COPY OF EXTRACT OF THE RESOULTION DATED 30.07.2013. EXHIBIT R2 (b) TRUE COPY OF CLAIM FORM SUBMITTED BY THE MASTER POLICY HOLDER BANK IN RESPECT OF THE PETITIONER EXHIBIT R2 (c) TRUE COPY OF THE CLAIM FORM SUBMITTED BY THE MASTER POLICY HOLDER BANK IN RESPECT OF THE PETITIONER. APPENDIX OF WP(C) 5162/2018 PETITIONER'S EXHIBITS: EXHIBIT P1 COPY OF THE MASTER POLICY ISSUED BY THE 2ND RESPONDENT IN RESPECT OF THE EMPLOYEES OF THE 1ST RESPONDENT. EXHIBIT P2 COPY OF THE COMMUNICATION DATED 4-8-2006 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3 COPY OF THE NOTE FOR THE MEETING OF BOARD OF DIRECTORS WITH REF:NO.B/52a/2018-19 DATED 19.02.2019 OF THE 1ST RESPONDENT RESPONDENTS' EXHIBITS: EXHIBIT R2 (a) TRUE COPY OF EXTRACT OF THE RESOULTION DATED 30.07.2013. EXHIBIT R2 (b) TRUE COPY OF CLAIM FORM SUBMITTED BY THE MASTER POLICY HOLDER BANK IN RESPECT OF THE PETITIONER EXHIBIT R2 (c) TRUE COPY OF DISCHARGE FORM SIGNED BY THE MASTER POLICY HOLDER BANK IN RESPECT OF THE PETITIONER. APPENDIX OF WP(C) 19055/2016 PETITIONERS' EXHIBITS: EXHIBIT P1 COPY OF THE RELEVANT PROVISIONS IN THE BYE-LAW OF THE 1ST RESPONDENT BANK EXHIBIT P2 COPY OF THE MASTER POLICY ISSUED BY THE 2ND RESPONDENT IN RESPECT OF THE EMPLOYEES OF THE 1ST RESPONDENT EXHIBIT P3 COPY OF THE COMMUNICATION DATED 24.10.1996 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES EXHIBIT P4 COPY OF THE COMMUNICATION DATED 4.8.2006 ISSUED BY THE 2ND RESPONDENT EXHIBIT P5 COPY OF THE JUDGMENT DATED 13.10.2011 IN WPC NO.16107/2011 EXHIBIT P6 COPY OF THE JUDGMENT DATED 5.3.2013 IN WPC NO.18276/2012 EXHIBIT P7 COPY OF THE NOTE FOR THE MEETING OF BOARD OF DIRECTORS WITH REF: NO.B/52A/2018-19 DATED 19.02.2019 OF THE IST RESPONDENT. RESPONDENTS' EXHIBITS: EXHIBIT R1 (a) TRUE COPY OF THE TRUST DEED SO
CONSTITUTED BY THE 1ST RESPONDENT, FOR THE MANAGEMENT OF GRATUITY FUND, TOGEHTER WITH THE RULES SO FRAMED. EXHIBIT R2 (a) TRUE COPY OF THE RELEVANT EXTRACT OF THE RESOLUTION NO.36 DATED 30.07.2013 ADOPTED BY THE BOARD OF DIRECTORS OF THE 1ST RESPONDENT BANK. EXHIBIT R2 (b) TRUE COPY OF THE LETTER DATED 06.011.2015 OF THE GENERAL MANAGER OF THE 1ST RESPONDENT BANK IN RESPECT OF THE 1ST PETITIONER ALONG WITH CLAIM FORM. EXHIBIT R2 (c) TRUE COPY OF THE LETTER DATED 06.011.2015 OF THE GENERAL MANAGER OF THE 1ST RESPONDENT BANK IN RESPECT OF THE 2ND PETITIONER ALONG WITH CLAIM FORM.
EXHIBIT R2 (d) TRUE COPY OF THE DISCHARGE FORM ISSUED BY THE 1ST RESPONDENT BANK IN RESPECT OF THE 1ST PETITIONER EXHIBIT R2 (e) TRUE COPY OF THE DISCHARGE FORM ISSUED BY THE 1ST RESPONDENT BANK IN RESPECT OF THE 2ND PETITIONER EXHIBIT R2 (f) TRUE COPY OF THE RELEVANT PORTION OF COST AND BENEFITS SCHEDULE 1-8-2015. // TRUE COPY // P.A. TO JUDGE