IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 7709 of 2004 Between: 1 Smt. Meharunnissa Begum W/o M.M. Patel, R/o 9-4-61/24, Hakimpet, Talichowki, Hyderabad 2 Mohd Yousuf Patel S/o Late M.M. Patel, R/o 9-4-61/24, Hakimpet, Talichowki, Hyderabad ..... PETITIONER(S) AND 1 APSRTC, rep by Managing Director, Musheerabad, Hyderabad 2 The Regional Manager, (RR Region), APSRTC. MGBS, Gowliguda, Hyderabad 3 The Secretary, Staff benevelent Thrift Fund, APSRTC, Musheerabad, Hyderabad 4 The Depot Manager, APSRTC, Hyderabad-I Depot, Gowliguda, Hyderabad .....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 an appropriate Writ, order or direction particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in not considering the employment on compassionate grounds, not paying the gratuity for the out of service periodfrom 12-01-1990 to 05-01-1996 not paying of Rs. 85,000/- towards SBT and interest as illegal, unjust and in violation of Art 14, 16 and 21 of the constitution of India and consequently direct the respondents to consider the 2nd petitioner case on compassionate grounds for the post of cleaner, at-tender or any other suitable post and death benefits in the interest ofjustice and fair play Counsel for the Petitioner:MR.V.NARASIMHA GOUD Counsel for the Respondent No.: . The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 7709 of 2004 ORDER: One Sri M.M.Patel, husband of the 1st petitioner and father of the 2nd petitioner, employed as a Driver in the A.P.S.R.T.C. The 4th respondent removed the said employee from service, vide orders, dated 12.01.1990. After exhausting the departmental remedies, the employee ﬁled I.D.No.345 of 1993 before the Labour Court - I, Hyderabad. Through its award, dated 02.12.1994, the Labour Court had set aside the order of removal and directed reinstatement of the employee with continuity of service, but without any monetary beneﬁts or back wages. Accordingly, he was reinstated on 05.01.1996. Subsequently, he was removed on 02.12.1998 for the second time. Thereafter, he died on 27.05.1999. The petitioners herein ﬁled I.D.No.222 of 1999 before the Labour Court and an award was passed on 01.10.2002, directing that the employee shall be deemed to have died, while in service, in distress. In that view of the matter, the respondents have extended the death-cum-retirement beneﬁts of the employee to the petitioners. The grievance of the petitioners is that the gratuity for the period between 12.01.1990 and 05.01.1996 was not paid and they seek appropriate directions in this regard. Heard the learned counsel for the petitioners and the learned Standing Counsel for the respondents. The question as to whether an employee is entitled to be paid gratuity for the period, during which he remained out of service, before he is reinstated, in pursuance of an award of the Labour Court was dealt with by this Court in M.Rama Rao vs. Asst. Traﬃc Manager, APSRTC, Hyd.[1]. It was held that if the Labour Court granted the relief of continuity of service, gratuity is payable for such period. In the instant case, t he Labour Court in its award in I.D.No.345 of 1993 directed continuity of service of the employee. In that view of the matter, the writ petition is allowed and the respondents are directed to pay gratuity for the period between 12.01.1990 and 05.01.1996 to the petitioners, within two (2) months from the date of receipt of a copy of this order. There shall be no order as to costs. _________ 31.07.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 7709 of 2004 Date: 31.07.2008 JSU [1] 1998(3) ALD 76