IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 26831 of 2008 Between: K. Raghavendra Rao, Ex-DC S/o. K.R. Rao R/o. Nawabpet, Mahabubnagar , Mahabubnagar District ..... PETITIONER AND 1 APSRTC, Rep by Vice Chairman & Managing Director Musheerabad, Hyderabad. 2 The Depot Manager, Mahabubnagar Depot, Mahabubnagar , Mahabubnagar District. .....RESPONDENTS 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 issue writ order or directions more 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 ie from the date of suspension to date of reinstatement (March 1978 to Oct 1984) as illegal, bad arbitrary and contrary to the judgments of this Hon'ble Court and consequently direct the respondents to pay the gratuity by counting the continuity of service granted by Hon'ble Labour Court in ID No. 11 of 1982 dt. 30-5-1984 and pass such other order or orders in the interest of justice as otherwise the petitioner may suffer irreparable loss and hardship. Counsel for the Petitioner: MR.P.GOVINDA RAJULU Counsel for the Respondent No.: SMT.B.G.UMA DEVI The Court made the following : ORDER: This writ petition is filed by the petitioner seeking a direction to the respondents to pay the gratuity amount by counting the continuity of service granted by the Labour Court in I.D.No.11 of 1982 dated 30.5.1984. Heard the learned counsel for the petitioner and the learned standing counsel for the respondent Corporation and at their request the writ petition is taken up for final disposal at the admission stage itself. The petitioner was appointed as a Conductor in the respondent A.P.State Road Transport Corporation. While he was working as Conductor in the 2nd respondent Mahabubnagar Depot he was issued with a charge sheet in the month of March, 1978 and he was placed under suspension and thereafter he was removed from service in the year 1978. Questioning the same, he approached the Labour Court in ID No.11 of 1982 and by award dated 30.5.1984 the Labour Court directed the Corporation to reinstate him into service with continuity of service and all attendant benefits but without backwages. Thereafter, he was reinstated into service and he retired on 30.6.2008 after attaining superannuation. The grievance of the petitioner is that the respondents are not paying him the gratuity and leave encashment etc., for the period he was out of employment earlier even though the Labour Court awarded continuity of service with all attendant benefits and the same has become final. Learned counsel for the petitioner submits that once the petitioner was reinstated into service with continuity of service and attendant benefits, he cannot be denied the retirement benefits for the period during which he was out of service and extension of the said benefit does not depend upon the actual physical service in the corporation. The learned counsel further submits that the issue involved in this writ petition is squarely covered by the decision of this Court reported in M.Rama Rao v. Assistant Traffic Manager, APSRTC, Hyderabad [1] wherein this Court held that in a case where under Section 11 of the Industrial Disputes Act, 1947, the Labour Court has set aside the order of removal of an employee and directed that the employee be reinstated into service with continuity of service, the management could not deny the payment of gratuity to the employee on his retirement for the period during which he was out of employment as a result of the order of removal. In the light of the judgment of this Court referred above and in view of the submission made by the learned counsel for both the parties that the above said judgment governs the case, the writ petition is allowed in terms thereof and the respondents are directed to extend the monetary benefits to the petitioner for the period between March 1978 to October, 1984. N.V.RAMANA,J DT.18.12.2008 msv [1] 1998(3) ALD 76