IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 2847 OF 2010 Between: A.S.Rama Rao ..... PETITIONER AND The Regional Manager, APSRTC, Hyderabad City Region, MGBS, Gowliguda, Hyderabad and another .....RESPONDENTS Counsel for the Petitioner: Counsel for the Respondents: The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 2847 OF 2010 ORDER : This writ petition is filed aggrieved by the action of the respondents in not paying the petitioner’s gratuity amount for the period from 31.08.1974 to 07.08.1981 by counting the continuity of service as ordered by the Additional Labour Court, Hyderabad in I.D.No.40 of 1980, as arbitrary and illegal. I have heard the learned counsel for both the parties. Learned Counsel for the petitioner at the outset, relied upon a decision of this Court in M.Rama Rao v. Assistant Traffic Manager, APSRTC, Central Bus Station, Hyderabad and another[1] wherein it was held by this Court that the Management cannot deny payment of gratuity payable for the period of out of employment when the order of removal was set aside by the Labour Court directing re-instatement with continuity of service. The fact that the petitioner herein is also similarly situated, has not been disputed by the learned Standing Counsel for the Corporation. Accordingly, following the above order, the Writ Petition is disposed of with a direction to the respondents to compute the gratuity and other benefits payable to the petitioner taking into consideration the service of the petitioner from 31.08.1974 to 07.08.1981 i.e. from the date of suspension to date of re-instatement and pay the amounts within a period of eight weeks from the date of receipt of a copy of this order. No costs. _____________ Date: 10.02.2010 G. ROHINI, J. Note: Issue CC within one week (B/O) Ivd [1] 1998(2)ALT 534