HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.512 OF 2005 DATED 28TH JANUARY, 2010 BETWEEN S.A.Rahiman …..Petitioner And The Depot Manager, APSRTC, Adoni Depot, Adoni, Kurnool District. ….Respondent THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.512 OF 2005 O R D E R The petitioner, an Ex-Conductor in the service of the Andhra Pradesh State Road Transport Corporation (for short, ‘the APSRTC’), filed the present writ petition seeking a direction to the APSRTC to pay him gratuity for the period that he remained out of its employment, pursuant to the Award dated 31.01.1997 passed by the Industrial Tribunal-cum-Labour Court, Anantapur, in I.D.No.107 of 1993 filed by him, whereby the Labour Court set aside the Order of the APSRTC removing the petitioner from service and directed his reinstatement in service with continuity of service, but without back wages and attendant benefits. The issue is no longer res integra in view of the Order passed by a learned Judge of this Court in M.RAMA RAO V/s. ASSISTANT TRAFFIC MANAGER, APSRTC, CENTRAL BUS STATION, HYDERABAD[1]. The very same issue fell for consideration therein and the learned Judge held that the workman was entitled to the gratuity payable for the period that he remained out of the service of the employer once he was granted the relief of continuity of service by the Labour Court. The Judgment in M.RAMA RAO was followed thereafter in S.K.SAYEED V/s. THE REGIONAL MANAGER, APSRTC, HYDERABAD CITY REGION, JBS, SECUNDERABAD[2] and P.MARIYADASS V/s. APSRTC, MUSHEERABAD, HYDERABAD[3]. The petitioner in the present case, being identically situated to the petitioners in the aforestated cases, is therefore entitled to be paid gratuity for the period that he remained out of the service of the APSRTC keeping in mind the fact that the Labour Court in its Award dated 31.01.1997 in I.D.No.107 of 1993 directed the APSRTC to reinstate him in service with continuity of service. The writ petition is accordingly allowed and the APSRTC is directed to compute and remit the amount payable to the petitioner towards the gratuity for the period that he remained out of its service within a period of eight weeks from the date of receipt of a copy of this order. In the circumstances, there shall be no order as to costs. -------------------------- SANJAY KUMAR,J 28th JANUARY, 2010 PGS THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.512 OF 2005 28th JANUARY, 2010 [1] 1998(2) ALT 534 [2] W.P.NO.22420 OF 2004 DT.24.12.2004 [3] W.P.NO.18582 OF 2009 DT.14.09.2009