IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 16242 of 2009 Between: M.A. Mannam S/o. M.A.Khader R/o. H.No. 1-4-101, Arab Galli, Mahabubnagar Town, Mahaboobnagar District. ..... PETITIONER AND 1 The regional Manager, APSRTC, Mahaboobnagar Region, Mahaboobnagar. 2 The Depot Manager, APSRTC, Mahaboobnagar Bus Depot, Mahaboobnagar, Mahaboobnagar District. .....RESPONDENTS 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, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not paying the gratuity amount to the petitioner for his our of employment period i.e., 12-02-1976 to 19-03-1983 and 12-03- 1985 to 29-04-1990 i.e., from the date of removal to the date of reinstatement despite Awards passed by the Labour Courts for continuity of service as illegal, arbitrary unjustified and contrary to the judgments of this Hon'ble Court and consequently direct the respondents to pay the gratuity with interest for the above said period forthwith and Counsel for the Petitioner:MR.VENKAT REDDY THIPPARTHI Counsel for the Respondent No.: SMT.B.G.UMA DEVI The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 16242 of 2009 O R D E R : This writ petition is filed seeking a declaration that the action of the respondents in not paying gratuity amount to the petitioner for his out of employment period i.e. from 12.02.1976 to 19.03.1983 and 12.03.1985 to 29.04.1990 is arbitrary and illegal. It is pleaded by the petitioner that the Labour Court, Hyderabad by awards dated 21.09.1982 and 25.01.1990 in I.D.Nos.295 of 1980 and 240 of 1988 respectively, ordered reinstatement with half of the back-wages and without increment for the period between the removal and reinstatement with continuity of service. Therefore, he is entitled for all other benefits. It is brought to my notice by the learned counsel for the petitioner that in identical circumstances, this Court passed an order in M.Rama Rao v. Assistant Traffic Manager, APSRTC, Hyderabad and another[1] holding that there was no justification to exclude the period during which the petitioner therein was out of employment for the purpose of computation of gratuity payable. Having regard to the ratio laid down in the said decision, the present writ petition is disposed of with a direction to the petitioner to compute the gratuity payable to the petitioner taking into account the employment periods i.e. 12.02.1976 to 19.03.1983 and 12.03.1985 to 29.04.1990, provided the awards in I.D.Nos.295 of 1980 and 240 of 1988 have become final. No costs. _____________ G. ROHINI, J Date: 24-08-2009 KLP [1] 1998 (3) ALD 76