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 : 4577 of 2009 Between: S. Surender S/o. Late S. Babu Rao R/o. H.No. 18-7-526/60, SRT Colony, Kandikal Gate, Hyderabad. ..... PETITIONER AND The Depot manager A.P.S.R.T.C. Rajendernagar Depot, Hyderabad. .....RESPONDENT 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 an appropriate Writ or order or direction more particularly one in the nature of writ of Mandamus by directing the respondent to pay the gratuity for the period from termination to the services to the date of reinstatement i.e., 22-09-1979 to 23-05-1985 which has been treated by the Presiding Officer, Additional Industrial Tribunal- cum-Additional Labour Court, A.P., Hyderabad as continuity of service and all attendant benefit but without back wages in the Award Passed in I.D.No. 12 of 198 on 22-11-1984. Counsel for the Petitioner : MR.MOHD.GHOUSEUDDIN Counsel for the Respondent No.: MR.K.MADHAVA REDDY (SC FOR APSRTC) The Court made the following : ORDER: The case of the petitioner is that he was appointed as Booking Conductor in the year 1975 in A.P.S.R.T.C. and his services were regularized in the same year. He was charged for cash and ticket irregularities and he was removed from service on 22-09-1979. He raised industrial dispute against the termination order before the Additional Industrial Tribunal-cum-Additional Labour Court, A.P. Hyderabad and the same was numbered as I.D.No.12 of 1982. The learned Presiding Officer, Additional Industrial Tribunal- cum-Additional Labour Court, A.P., Hyderabad passed an award on 22-11-1984 and the relevant portion of which reads as follows: “In the result, the order of removal passed by the management is set aside. The respondent is directed to reinstate the petitioner into service forthwith continuity of service and all other attendant benefits. The petitioner is not entitled to any back wages. He is entitled to his wages from the date of this order. Award is passed accordingly.” Subsequently, the respondent was taken into service with continuity of service and all attendant benefits but without back wages and later in the year 1991, he was promoted to the post of controller/ADC and in the year 2003. He was promoted to the post of Deputy Superintendent (T) in the year 2007 and retired on 31- 08-2008. The respondent has not paid the gratuity for the out of service period from 22-9-1979 to 23-5-1985. Therefore, the petitioner approached this Court invoking the jurisdiction under Article 226 of the Constitution of India. When the writ petition came up for admission, Sri K.Madhava Reddy, learned Standing Counsel for APSRTC received notice on behalf of the respondent. 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 reported 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 respondent is directed to compute the out of service period i.e., 22-09-1979 to 23-05-1985 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.4577 OF 2009 Dated 05-03-2009 [1] 1998 (3) ALD 76