IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF MARCH TWO THOUSAND NINE PRESENT THE HON'BLE MR. JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 3724 of 2009 Between: Zaheda Begum, W/o. Late S. Chand Pasha, R/o. Shadnagar, Mahaboobnagar District, A.P. ..... PETITIONER AND 1 The Regional Manager, APSRTC, Mahaboobnagar Region, at Mahaboobnagar, A.P. 2 The Depot Manager, APSRTC, Mahaboobnagar Bus Depot, at Mahaboobnagar, A.P. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased 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 of the petitioner's husband to the petitioner, for her husband's out of employment period of two spells (i.e. 22-3-1977 to 04-11-1980 and 18- 4-1992 to 03-5-1996) in concerned with his removal as illegal, bad, arbitrary and contrary to the Judgments of this Court and consequently direct the respondents to pay the gratuity for the said periods with interest. Counsel for the Petitioner: MR.P.VENKATESWAR RAO Counsel for the Respondent No.: SMT.B.G.UMA DEVI The Court made the following: ORDER: One S.Chand Pasha was appointed as conductor on 12- 07-1974 and subsequently, promoted as ADC on 12-02- 1999. While working in Barkatpur Bus Depot, suspension order came to be issued against him on 22.3.1977 on the charge of cash and ticket irregularities. After Departmental Enquiry, the respondent-Corporation removed him from service on 18-08-1977. He filed an appeal to the DVM, City Division and the said appeal came to be rejected on 17-12-1979. His review to the Regional Manager, Hyderabad Region, came to be disposed of on 06-10- 1980 ordering his reinstatement as afresh conductor. He raised industrial dispute before the Labour Court-I, Hyderabad. The Labour Court entertained the dispute as I.D.No.207/1993 and passed an award on 26-10-1993 and the relevant portion of which reads as follows: “….While appreciating objective consideration by appellate authority it would be just and reasonable to direct the respondent to reinstate the petitioner without back wages and other attendant benefits including annual increments, but with continuity of service for purpose of maintaining the seniority and for terminal benefits only. Hence the point is held accordingly. In the result, the award is passed directing the respondent to treat the service of the petitioner from the date of his removal till date of his reinstatement as continuing in service for purpose of seniority and terminal benefits and without all other attendant benefits including annual increments…” He came to be suspended again on 18-04-1992 on the charge of Cash and ticket irregularities. After departmental enquiry, he came to be removed from service on 05- 12-1992. After exhausting the departmental remedies, he filed I.D. No.182 of 1994 assailing the order of removal. The Labour Court passed an award on 12.12.1995 and the relevant portion of which reads as follows: “…In the result the award is passed in favour of the petitioner setting aside the removal order, dt. 05-12-1992 and directing the respondent to reinstate the petitioner into service with continuity of service with all attendant benefits without back wages.” The said Chand Pasha died on 21.10.2008. Thereafter, the petitioner being his widow submitted representations for treating 2 spells of out of service for the purpose of gratuity. There being no action on the part of the respondents, the petitioner approached this Court invoking the jurisdiction under Article 226 of the Constitution of India. When the writ petition came up for admission, Smt. B.G.Uma Devi, learned Standing Counsel for A.P.S.R.T.C. received notice. Heard the learned counsel for the parties. Learned counsel for the petitioner submits that the issue involved in this writ petition is squarely covered by the decision of this Court in M. RAMA RAO v. ASSISTANT TRAFFIC MANAGER, APSRTC, HYD. And ANR.([1]) wherein it has been held that in cases where under Section 11 of the Industrial Disputes Act, 1947, the Labour Court setting aside the order of removal and directing the petitioner to be reinstated with continuity of service, the 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 order of removal. In the light of the judgment of this Court referred above, the Writ Petition is allowed. The respondents are directed to consider the two spells of out of service of deceased S.Chand Pasha for the purpose of gratuity. No costs. _________________________________ Justice B. SESHASAYANA REDDY Date: 05-03-2009. Dvs HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.3724 OF 2009 Dated 05-03-2009 [1] 1998 (3) ALD 76