IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.21882 of 2007 Date : ______________

Between : N.Prakash. .. Petitioner AND The Managing Director, APSRTC and another.

.. Respondents

ORDER:

This writ petition is filed aggrieved by the Award dated 03.03.1993 passed by the Labour Court-II, Andhra Pradesh, Hyderabad (for short ‘the Labour Court’) in I.D.No.219 of 1992.

2. Brief facts of the case are as follows :-

a) The petitioner was appointed as a Conductor in the respondent Corporation in the year 1976, and his services were regularized with effect from 19.11.1979. On

23.02.1980, while the petitioner was conducting bus bearing No.9961 from Husnabad to Siddipet, the checking officials at stage No.25 conducted a check and found that the petitioner was involved in cash and ticket irregularities, a charge-sheet was issued and ordered an enquiry. After considering the report of the Enquiry Officer and the material available on record, the disciplinary authority imposed the punishment of removal from service vide proceedings dated 11.08.1980.

(b) After exhausting the departmental remedies, the petitioner filed I.D.No.219 of 1992 before the Labour Court, challenging the removal order dated 11.08.1980. The Labour Court, vide Award dated 03.03.1993, while setting aside the order of removal, directed the reinstatement of the petitioner into service, without back wages and stoppage of three annual grade increments, without cumulative effect. Thereafter, the petitioner was reinstated into service on 22.06.1993 at Zaheerabad Depot and retired from service on 30.04.2007 on attaining the age of superannuation.

(c) While calculating the service terminal benefits, the respondent Corporation has not counted the removal period for the purpose of payment of gratuity. The petitioner made a representation on 15.05.2007 seeking gratuity for the removal period. But, no action was taken. Therefore, the present writ petition is filed seeking a direction to the respondents to pay gratuity for the removal period i.e., from 11.08.1980 to 22.06.1993.

3. Learned counsel appearing for the petitioner submits that the respondents have erroneously not paid the gratuity to the petitioner for the removal period. This Court, in similar circumstances in a catena of decisions, directed the Corporation to pay the gratuity for the removal period. The petitioner also made a representation to the respondents in this regard. But, so far, the respondents have not paid the gratuity for the removal period. Therefore, appropriate orders should be passed in the writ petition, directing the respondents to pay gratuity for the removal period and to allow the writ petition.

4. The respondents filed a counter affidavit stating as follows :-

(a) The petitioner was terminated from service on

13.12.1976. The appeal preferred by the petitioner before the Divisional Manager, Karimnagar, was considered, and he was appointed as a fresh Conductor on 27.05.1977 at Nizamabad depot.

(b) The petitioner, while working at Nizamabad Depot, was placed under suspension on 07.01.1978 and was removed from service on 17.08.1978. The appeal preferred by the petitioner before the Deputy Area Manager-1, Karimnagar, was considered, and he was appointed as a fresh Conductor on 19.11.1979 at Medak Depot.

(c) While the petitioner was working at Medak depot, he was again involved in cash and ticket irregularities and was placed under suspension on 27.02.1980 and was removed from service on 11.08.1980. The petitioner filed I.D.No.219 of 1992, and the Labour Court passed an Award on 03.03.1993 directing the respondent Corporation to reinstate the petitioner into service without back wages and with stoppage of three increments without cumulative effect. Accordingly, the petitioner was reinstated into service and got posted at Zahirabad depot on 22.06.1993. Subsequently, the petitioner was transferred to Huzurabad Depot on

04.08.1994 and reported for