HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.1768 OF 2005 DATED 28TH JANUARY, 2010 BETWEEN Smt.Badrunnisa Begum …..Petitioner And The Regional Manager, APSRTC, Adilabad Region, Adilabad District. ….Respondent THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.1768 OF 2005 O R D E R The petitioner’s husband was a Controller in the service of the Andhra Pradesh State Road Transport Corporation (for short, ‘the APSRTC’). The petitioner filed the present writ petition seeking a direction to the APSRTC to remit the gratuity payable to her husband for the period that he remained out of its employment, as per the Award dated 04.01.1990 passed by the Labour Court, Godavarikhani, in I.D.No.30 of 1989 filed by him, whereby the Labour Court set aside the Order of the APSRTC removing the petitioner’s husband from service and directed his reinstatement in service with continuity of service but without back wages. 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’s husband, 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 04.01.1990 in I.D.No.30 of 1989 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 to the petitioner the amount payable to the petitioner’s husband 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.1768 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