1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Civil Application No.2457 of 2010 In W.P.No.3751 of 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard counsel. 2. The Respondent was working with the petitioner. He alleged that he had not attained age of superannuation but was wrongly retired from service at premature stage. The Labour Court and the Industrial Court found favour with him and held that he had been wrongly retired at premature stage. The reinstatement was not practicable because by the time the Industrial Court gave the judgment, he had attained the age of retirement even according to him. The petitioners disputed contentions of the Respondent as regards the age of superannuation in respect of the particular grade in which he was working. This Court directed the petitioner to deposit tentative amount of salary arrears. The Respondent seeks withdrawal of the amount which is deposited by the petitioner. Mr.Navandar, learned advocate submits that the Respondent is not entitled to withdraw the amount because he had not worked at all during the intervening period. He submits that "no work no pay" principle is attracted in this case. Such contention will have to be considered at the final hearing of the petition and presently no opinion can be expressed on merit. 3. In the interest of justice, the Respondent (applicant) is allowed to withdraw the amount subject to furnishing of solvent security to the extent of the amount which is being withdrawn, to the satisfaction of the Registrar (Judicial). (V.R.KINGAONKAR,J.) Dt.26.02.2010. asp/office/Ca2457.10