IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 4981 of 2009 Between: P. Venkataiah, S/o. P. Hanmaiah, O/o. the Depot Manager, APSRTC, Shadnagar Bus Depot, Mahaboobnagar, A.P. ..... PETITIONER AND 1 The Regional Manager, APSRTC, Mahaboobnagar Region, at Mahaboobnagar, A.P. 2 The Depot Manager, APSRTC, Shadnagar Bus Depot, Mahaboobnagar, A.P. .....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 issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring that the action fo the respondents in not paying the gratuity amount to the petitioner for his out of employment period (i.e. from 23-8-1986 to 15-2-1993) in concerned with his removal as illegal bad, arbitrary and contrary to the Judgements of pay 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. 4981 OF 2009 ORDER: 1. The petitioner was appointed as Conductor on 30-4-1974 in the respondents Corporation. Disciplinary proceeding was initiated against him on the charge of cash and ticket irregularity and he was removed from service by proceeding, dated 23-01-1987. He challenged the removal order by raising an Industrial Dispute being I.D.No. 558 of 1987 on the file of the Labour Court, Hyderabad. An Award came to be passed in the said I.D. No. 558 of 1987 on 24-8-1992 setting aside the removal and ordering his reinstatement with continuity of service. However, back wages and other attendant benefits were denied. Pursuant to the Award he came to be reinstated in service on 15-2-1993. He retired from service on 31-1-2009. Since the respondents have not paid gratuity for the out of service period i.e. 23-8-1986 to 15-2-1993, he approached this Court invoking jurisdiction under Article 226 of the Constitution of India with a prayer to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in not granting gratuity for the out of service period as illegal and arbitrary. 2. When the writ petition came up for admission, Smt. B.G. Uma Devi, learned standing counsel of APSRTC takes notice on behalf of the respondents 3. Heard learned counsel appearing for the parties. 4. The factual aspect of petitioner being reinstated into service as per the direction of the Labour Court is not in dispute. It is explicit from Award that the respondents Corporation was directed to reinstate the petitioner with continuity of service. The issue involved in this writ petition is no more res integra, in view of the judgment of this Court in M. Rama Rao Vs. Asst. Traffic Manager, APSRTC, Hyderabad[1] , wherein it has been held that once the Labour Court set aside the removal and directed the workmen to be reinstated with continuity of service, the management cannot deny the 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. 5. The proposition laid down in the above referred judgment has been followed in W.P.No. 27591 of 2008 (Qamarunnisa Vs. The Regional Manager, APSRTC, Hyderabad). 6. In the light of the judgments of this Court referred to above and in view of the submission of the learned counsel for both the parties that the above said judgment governs the case, the writ petition is allowed in terms thereof and the respondents are directed to extend the monetary benefits viz., gratuity etc., to the petitioner for the period from 23-08-1986 to 15-2-1993. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 17th March, 2009. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 4981 OF 2009 17th March, 2009. [1] 1998 (3) ALD 76