IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 12380 of 2009 Between: Mohd. Hameeduddin, S/o. Yusufuddin, APSRTC, Nagarkurnool Bus Depot, Mahaboobnagar, A.P. ..... PETITIONER AND 1 The Regional Manager, APSRTC, Mahaboobnagar Region, of Mahaboobnagar, A.P. 2 The Depot Manager, APSRTC, Nagarkurnool Bus Depot, Mahaboobnagar, A.P. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the respondents in not paying the gratuity amount to the petitioner for his out of employment period (i.e. from 01-7-1982 to 31-12-1986) in concerned with his removal as illegal, bad, arbitrary and contrary to the judgments of this Hon'ble Court and consequently direct the respondents to pay the gratuity with interest fior the said period and pass Counsel for the Petitioner:MR.P.VENKATESWAR RAO Counsel for the Respondent No.: SMT.B.G.UMA DEVI The Court made the following : ORDER :- The petitioner filed this Writ Petition under Article 226 of the Constitution of India seeking writ of Mandamus declaring that the action of the respondents in not paying the gratuity amount to the petitioner for his out of employment period (i.e., from 01.07.1982 to 31.12.198) in concerned with his removal as illegal, arbitrary and contrary to the judgments of this Honourable Court. 2. According to the petitioner, he was appointed as a Conductor in the respondent’s organization on 15-10-1971 and though his service is unblemished, disciplinary proceedings were initiated and his services were terminated with effect from 01-07-1982. In the appeal, the same was confirmed. Hence, he was constrained to raise dispute before the Labour Court and the same was numbered as I.D.No.172 of 1984. The Additional Industrial Tribunal – cum – Additional Labour Court at Hyderabad by its Award dated 16-07-1986 ordered his reinstatement into service with continuity of service and all attendant benefits but however, without back wages. Pursuant to the above said award, he was allowed to continue as a Conductor and on attaining the age of superannuation, he retired from service on 31-03-2006. After retirement, when he represented that he is entitled for payment of gratuity etc, throughout, the respondent authorities refused to pay the gratuity for the period during which he was out of service i.e., from 01-07-1982(date of termination) to 31-12- 1986 (date of reinstatement). As stated supra, the same is under challenge. 3. Heard the counsel for the petitioner and the learned standing counsel for A.P.S.R.T.C. During the course of hearing, the learned counsel for the petitioner brought to my notice the Judgment of this Court in M.Rama Rao Vs. Asst. Traffic Manager, APSRTC, Hyderabad and another[1] wherein this Court held that management cannot deny payment of gratuity to the petitioner on his retirement for the period for which, he was out of employment as a result of the order of removal/termination. 4. Apparently, the petitioner is out of service from 01-07-1982 to 31-12-1986 i.e., the date of reinstatement, pursuant to the Award dated 16-07-1986. When once the Award speaks that he shall be reinstated into service with continuity of service and all attendant benefits for all purposes, it shall be deemed that he is in service during the said period also. 5. Accordingly, this Court has no hesitation to come to the conclusion that the withholding or non-payment of gratuity etc, for the said period is illegal. Therefore, the respondents are hereby directed to pay all the attendant benefits (if not already paid) and gratuity for the period i.e., 01-07-1982 to 31-12-1986. 6. Accordingly, this writ petition is allowed at the stage of admission itself. There shall be no order as to costs. _______________________ GOPALA KRISHNA TAMADA, J Dated 25th June, 2009. AMD/TSH [1] 1998(3) ALD 76