Telangana High Court
WP/27591/2008 of Qamarunnisa, Vs The Regional Manager, on 31 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 27591 of 2008 Between: Qamarunnisa, W/o. Late Md. Rahamat Ali, R/o. H.No.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANAWRIT PETITION NO : 27591 of 2008
Between:
Qamarunnisa, W/o. Late Md. Rahamat Ali,
R/o. H.No. 18-12-418/C/36, Opp : Paragaon Printers, Kanchanbagh, Hafeezbabanagar, Chandrayagutta, Hyderabad.
..... PETITIONER
AND
1 The Regional Manager, APSRTC, Hyderabad City Region, MGBS Complex, Gowliguda, Hyderabad.
2 The Depot Manager, APSRTC, HCU Bus Depot, Gachibowli, Hyderabad.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to issue a writ or order or direction more particularly onein the nature of Writ of Mandamus declaring that the action of therespondents in not paying the gratuity amount to the petitioner for herhusband's out of employment period (i.e. 06-02-1993 to 09-7-2002) inconcerned with her husband's removal as illegal, bad, arbitrary andcontrary to the judgements of this Hon'ble Court and consequently directthe respondents to pay the gratuity with interest for the said period to thepetitioner Counsel for the Petitioner: MR.P.VENKATESWAR RAO
Counsel for the Respondent No.: K.MADHAVA REDDY(SC FORAPSRTC)
The Court made the following :
ORDER:
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Seeking a mandamus declaring the action of the respondents innot paying the gratuity amount of the petitioner’s husband for the periodfrom 6.2.1993 to 9.7.1002 i.e. from the date of removal to the date ofreinstatement as arbitrary and illegal, the present writ petition is filed.
The petitioner is a widow of the deceased Md.Rahamat Ali whowas appointed on 20.12.1986 as a driver in the respondent – A.P.StateRoad Transport Corporation. Initially, he was suspended on the chargeof rash and negligence driving on 6.2.1993 and subsequently he wasremoved from service. Questioning the same, he approached theAdditional Industrial Tribunal-cum-Additional Labour Court, Hyderabad. The Labour Court by its award in ID No.194 of 1999 dated 1.4.2002directed his reinstatement into service with continuity of service and allattendant benefits. Thereafter, he was reinstated and subsequently diedon 1.12.2007 while in service. Thereafter, she made an application tothe respondents seeking payment of the service benefits and therespondents have paid certain amounts to her. The grievance of thepetitioner is that even though the Labour Court has awarded continuityof service, the respondents are not paying the gratuity for the period herhusband was out of employment.
The learned counsel for the petitioner submits that the issueinvolved in this writ petition is squarely covered by the decision of thisCourt reported in M.Rama Rao v. Assistant Traffic Manager, APSRTC, Hyderabad[[1]]wherein this Court held that in a case whereunder Section 11 of the Industrial Disputes Act, 1947, the Labour Court has set aside the order of removal of an employee and directed that theemployee be reinstated into service with continuity of service, themanagement could not deny the payment of gratuity to the employee onhis retirement for the period during which he was out of employment as aresult of the order of removal.
In the light of the judgment of this Court referred above and inview of the submission made by the learned counsel for both the partiesthat the above said judgment governs the case, the writ petition isallowed in terms thereof and the respondents are directed to extend themonetary benefits viz., gratuity etc., to the petitioner who is the widow ofthe deceased employee for the period during which her husband wasout of employment viz., from 06.2.1993 to 9.7.2002.
DT.31.12.2008
msv
N.V.RAMANA,J
[1]1998(3) ALD 761998(3) ALD 76
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