N R K MURTHY Vs. APSRTC

JUDGEMENT

(1.) The petitioner seeks for a writ of mandamus declaring the action of the respondents in not paying terminal benefits like gratuity during the period of removal of the petitioner from service from 29.10.1991 to 30.05.2001 as illegal and to direct the respondents to pay the gratuity for the said period to the petitioner. The petitioner was appointed as a conductor on 23.05.1972. On 29.10.1991 the petitioner was removed from service on the ground of cash and ticket irregularities. The petitioner raised I.D. No. 281 of 1997 questioning the removal of the petitioner from service. The labour Court passed award on 20.09.2000 ordering reinstatement of the petitioner with continuity of service but without back wages. The petitioner was consequently reinstated into service on 30.05.2001. The petitioner was, thus, out of employment from 29.10.1991 to 30.05.2001. It is the case of the petitioner that although the petitioner was not gainfully employed during this period, the respondents failed to pay gratuity for this period to the petitioner on the ground that the petitioner was out of service. He further submitted that the petitioner was also not paid gratuity from the date of joining service i.e., from 23.05.1972 till the date of removal i.e., on 29.10.1991. He seeks for payment of gratuity for the period of service from 1972 to 1991 and also gratuity for the period from 1991 to 2001, during which period the petitioner was out of employment.

(2.) The learned counsel for the respondents contended that gratuity was paid for the period from 1972 to 1991 during which period the petitioner was in service. He submitted that the petitioner is not entitled to gratuity from 1991 to 2001 during which period the petitioner was out of service.

(3.) Thus, there is dispute regarding payment of gratuity from 1972 to 1991. There is no dispute that the petitioner was entitled to gratuity during this period. It would be appropriate to direct the respondents to pay gratuity from 23.05.1972 till 29.10.1991, if not paid already.