HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.38145 of 2014 Date: 15-12-2014 Between J.D.Nandam … Petitioner and The APSRTC, Rep. by its MD, Bus Bhavan, Musheerabad, Hyd.-20; and another … Respondents HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.38145 of 2014 Order:
Heard Sri A.K.Jayaprakash Rao, learned counsel appearing for the petitioner and Sri N.Vasudeva Reddy, learned Standing Counsel for the respondents-
Andhra Pradesh State Road Transport Corporation (the Corporation, for short).
2. The petitioner, while he was working as a conductor in the Corporation, was removed from service in 2001. Aggrieved thereby, he raised an industrial dispute and the learned Industrial Tribunal confirmed the order of removal and thereby did not grant any relief to the petitioner. Thereafter, the petitioner filed W.P.No.19597 of 2006. The writ petition was disposed of by this Court setting aside the award passed by the Tribunal, specifically granting the relief of continuity of service and attendant benefits while refusing to grant back wages.
3. The contention of the petitioner is that he was paid Gratuity and Provident Fund up to 2001 whereas he is entitled to receive them up to the date of his superannuation i.e. till 28-02-2013.
4. This Court is of the view that the respondents- Corporation in view of the specific directions given in the aforesaid writ petition by this Court ought not to have refused the Gratuity and Provident Fund for part of the period. Therefore, the petitioner is entitled for the relief prayed for in the writ petition.
5. Accordingly, this writ petition is allowed directing the respondents-Corporation to pay the difference amount of Gratuity and Provident Fund with all consequential benefits to the petitioner till the date of his superannuation i.e. till 28-02-2013 within a period of 8 (eight) weeks from the date of receipt of a copy of this order. The miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs.
R.KANTHA RAO, J.
15th December, 2014. Ak HON’BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.38145 of 2014 15th December, 2014. (Ak)