IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 27571 of 2008 Between: S.K. Reddy, S/o. Bal Reddy, APSRTC, Mahaboobnagar Bus Depot, Mahaboobnagar, Andhra Pradesh. ..... PETITIONER AND 1 The Regional Manager, APSRTC, Mahaboobnagar Region at Mahaboobnagar, Andhra Pradesh. 2 The Depot Manager, APSRTC, Mahaboobnagar Bus Depot, Mahaboobnagar, Andhra Pradesh. .....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 Writof Mandamus declaring that the action of the respondents in not paying the gratuity amount to the petitioner for his two out of employment periods (i.e. 23-08-1986 to 02-03-1992 and 19-07-1997 to 06-04-1998) in concerned with his removal as illegal, bad, arbitrary and contrary to the judgments of this Hon'ble Court and consequently direct the respondents topay the gratuity with interest for 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 : THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 27571 OF 2008 ORDER: 1. The petitioner was appointed as cleaner in APSRTC on 27-3-1980. Subsequently, he was promoted as driver in 1983. He retired from services as driver on 30-7-2007 on medical grounds. While he was in service he was suspended on 23-8-1986 and removed from service by proceedings dated 8-4-1987. He challenged the said removal order before the Labour Court by raising a dispute. The Labour Court ordered his reinstatement with continuity of service and also 50% back wages. In compliance of the Award passed by the Labour Court, the petitioner was reinstated on 2-3-1992. However, he was not paid the gratuity for the period from 23-8-1986 to 2-3-1992. He was again suspended on 19-7-1997 on the charge of negligent driving and he was removed from services by order dated 18-3-1998. He challenged the removal order before the Appellate Authority i.e. Deputy CTM, Mahaboobnagar. The Appellate Authority set aside the removal order and directed reinstatement of the petitioner as a fresh candidate. He challenged the same by filing W.P.No. 23963 of 1998. The order passed by the appellate authority came to be modified treating the reinstatement with continuity of service, but without back wages. Since the department has not paid the gratuity for the period from 19-7-1997 to 6-4-1998, the petitioner filed this writ petition. 2. When the writ petition came for admission, Smt. B.G. Uma Devi, learned standing counsel for APSRTC takes notice on behalf of the respondents. 3. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the respondents. 4. Learned counsel appearing for the petitioner submits that the issue involved in this writ petition is squarely covered by the judgment of this Court in W.P.No. 27234 of 2005 ( B.Lalitha Vs. The Regional Manager APSRTC, Ranga Reddy Region) where under a Single Judge of this Court observed :- “ In a case where under Sec.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 illegal order of removal”. 5. In view of the above said judgment, this writ petition is allowed and the respondents are directed to give gratuity to the petitioner for the two suspension periods i.e. 23-8-1986 to 2-3-1992 and 19-7-1997 to 6- 4-1998 within a period of two weeks from the date of receipt of copy of this order. No order as to costs. _____________________________ Justice B. Seshasayana Reddy 22nd January, 2009. KM THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 27571 OF 2008 22nd January, 2009.