IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 17884 of 2008 Between: Ayesha Begum W/o.Late Shaik Raheem E.80784 of APSRTC,R.R.District, Occ:House widow R/o.H.No.19-4- 280/30/A,Miral Tank,Khajapahadi Jadban,Hyderabad ..... PETITIONER AND The Depot Manager, APSRTC,Tandur Depot Ranga Reddy District .....RESPONDENT 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 writ order or direction more particularly one in the nature of writ of mandamus directing to the respondent to pay the gratuity for the removal period to the re- instatement into service which was awarded continuity of service and all other benefits by the Hon`ble Industrial Tribunal-I but without back wages and pass Counsel for the Petitioner:MR.MOHD.GHOUSEUDDIN Counsel for the Respondent No.: K.MADHAVA REDDY(SC FOR APSRTC) The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 17884 of 2008 ORDER: The husband of the petitioner was employed in the A.P.S.R.T.C. in the year 1978. He died on 10.06.2006 while in service. The petitioner and other family members were extended the death-cum-terminal benefits of the deceased employee, but not the gratuity for the period between 31.03.1993 and January 2004. This writ petition is filed seeking a direction to the respondents for payment of gratuity for the said period. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. It is a matter of record that the husband of the petitioner was removed from service on 31.03.1993. After exhausting the departmental remedies, he approached the Labour Court by filing I.D.No.89 of 2001. The Labour Court passed an award, dated 16.10.2003, setting aside the order of removal and directing the reinstatement of the employee with attendant benefits, but without back wages. The employee was accordingly reinstated in January 2004. The obligation for the respondents to pay gratuity for the period between 31.03.1993 and Januray 2004 would have arisen, if only the Labour Court had granted the relief of ‘continuity of service’. In M.Rama Rao vs. Asst. Traffic Manager, A.P.S.R.T.C., Hyderaabad, this Court held that such periods would be counted for payment of gratuity, only in case the relief of continuity of service is granted. Since the Labour Court did not grant such relief, the petitioner is not entitled to the gratuity for the period, referred to above. The writ petition is, accordingly, dismissed. There shall be no order as to costs. _________ 19.08.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 17884 of 2008 Date: 19.08.2008 JSU