Employees reinstated with continuity in service are entitled to gratuity for the entire duration of employment, including the period post-termination, as per statutory provisions.

JUDGMENT :

Subhash Upadhyay, J.

1. As both the Writ Petitions involve similar question of facts and law hence, the same are being decided by this common Judgment.

2. The petitioner in WPSS No.11/2017, Ramesh Chandra Sharma died during the pendency of the writ petition and has been substituted by his wife Smt. Vijay Lakshmi. The petitioners have filed the writ petitions claiming gratuity for the entire length of service and have further claimed benefit of Assured Career Progression (ACP) on completion of 26 years of service. Petitioner Ramesh Chandra Sharma was appointed as driver in the U.P. State Road Transport Corporation on 07.12.1986 and his services were terminated vide order dated 28.12.1991.

3. Petitioner in WPPS No.13/2017, Suresh Chand was appointed as Conductor in U.P. State Road Transport Corporation on 31.01.1980 and his services were also terminated vide order dated 28.12.1991.

4. The said order of termination was challenged by the petitioners before the learned Labour Court, Haldwani, District Nainital and the learned Labour Court vide order dated 30.06.1999 allowed the said claim petition and passed an order of reinstatement of the petitioners with continuity of service along with 50% back wages. The said order was challenged by the employer in Civil Misc. Writ Petition No.30688 of 2000 and Civil Misc. Writ Petition No.30694 of 2000 before the Hon’ble Allahabad High Court and after creation of the State of Uttarakhand, the said writ petitions were transferred to this Court and the same were numbered as Writ Petition (M/S) No.1604 of 2001 and Writ Petition (M/S) No.1605 of 2001. The said writ petitions were partly allowed on 21.09.2005 and the order of reinstatement with continuity in service passed by the learned Labour Court was upheld but the back wages were reduced from 50% to 25%. Petitioner – Ramesh Chandra Sharma retired on 30.09.2015 and petitioner – Suresh Chand retired on 31.12.2012, however, gratuity for the entire period of service i.e. from appointment till retirement was not paid to the petitioners treating the period of termination till their reinstatement as break in service.

5. Thus, the petitioner Ramesh Chandra Sharma was not paid gratuity for the period of 10 years 7 months and 22 days and similarly, petitioner Suresh Chand was not paid the gratuity for the period of 11 years 11 months and 13 days treating the said period to be break in service and, accordingly, petitioners were not granted benefit of ACP on completion of 26 years of service.

6. Learned counsel for the petitioners submits that the learned Labour Court set aside the order of termination and the petitioners were reinstated in service with continuity of service along with 50% back wages and in this regard he refers to the operative portion of the award which reads as under:-

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