WP/27492/2005 of V.Nataraja Chari, Vs The Regional Manager, APSRTC, Tirupati Region, on 27 December 2005

O R D E R:

The petitioner was employed as a Conductor in APSRTC in the year 1976. Hewas removed from service on disciplinary charges in the year 1986. Ultimately,he came to be reinstated into service in pursuance of an award passed by theLabour Court, Anantaur, in I.D.No.15 of 1990. He was granted the relief ofreinstatement and continuity of service, but was denied the back wages. Thepetitioner was retired from service on 20.05.2003, on medical grounds. Hisgrievance is that he was not paid gratuity for the period during which he wasout of service, though the Labour Court granted the relief of continuity ofservice.

Heard the learned counsel for the petitioner and learned Standing Counsel forthe respondents.

It is true that in the order passed by this Court in WP.No.1706 of 2005, dated14-03-2005, a direction was issued to the Corporation to pay gratuity to anemployee for the period during which he was out of service, in case the LabourCourt granted the relief of continuity of service. However, there is a factualdispute as to whether the petitioner has been paid the entire gratuity payable tohim or whether the period between the dates of removal and reinstatement wasexcluded for this purpose. The petitioner has not yet submitted any writtenrepresentation in this regard. Equally same, the respondents did not have anoccasion to examine the case of the petitioner from that point of view.

Hence, the writ petition is disposed of, leaving it open to the petitioner to submita representation, narrating his grievance and the respondents, in turn, shalltake appropriate steps in the matter, within a period of four (4) weeks from thedate of receiving the same. In case the relief claimed by the petitioner is notgranted, the respondents shall state the reasons therefor. There shall be noorder as to costs.

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