HONOURABLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.26429 OF 2011 ORDER: The petitioner worked as an employee in the A.P.S.R.T.C. He was removed from service, on disciplinary grounds. After exhausting the departmental remedies, he approached the Labour Court, Hyderabad, by filing I.D.No.629 of 1993. Through its award, dated 28- 12-1996, the Labour Court had set aside the order of removal and directed reinstatement of the petitioner into service, with continuity of service and attendant benefits. Back wages were denied. The petitioner has since been reinstated into service and later on retired, on attaining the age of superannuation. His grievance is that the respondents did not extend the benefit of gratuity, for the period between the date of removal and the date of reinstatement. Placing reliance upon an order passed by this Court in M.Rama Rao vs. Asst. Traffic Manager, A.P.S.R.T.C., Hyderaabad[1], the petitioner claims the gratuity for the said period. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 3. In clear terms, the Labour Court had set aside the order of removal and directed reinstatement of the petitioner with continuity of service. Therefore, no break in service had taken place. Gratuity is payable for the entire period, during which the employee is in service. Denial of back wages does not have any bearing on the entitlement to be paid gratuity. In M.Rama Rao’s case (1 supra), this Court took the view that wherever reinstatement is directed with continuity of service, the employee is entitled for payment of gratuity, for the period, during which he was out of service, as a result of order of removal. 4. The writ petition is, accordingly, allowed and the respondents are directed to extend the benefit of gratuity to the petitioner, for the period between the date of order of removal and the date of reinstatement, in pursuance of the award in I.D.No.629 of 1993. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY, J September 21, 2011. KTL [1] 1998(3) ALD 76