1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 645 OF 2010 (The Dy. Conservator of Forest & Ors. vs. Smt. Jankubai A. Moon & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. APRIL 30, 2010. Heard Shri Kankale, learned AGP for the petitioners and Shri M.P.M. Pillai, Advocate for the respondents. The matter was before this Court yesterday and the learned AGP wanted to verify the position emerging from charts. Hence, time till today was granted. Today again the learned AGP is seeking further adjournment. Shri Pillai, learned counsel is all along opposing the adjournments and hence the request is rejected. As Shri Pillai, learned counsel states that he has received oral instructions from the proposed Lrs, Civil Application No.1307 of 2010 is allowed. LRs be brought on record. Necessary amendment be carried out by 7th May 2010. The learned AGP has argued that as per the impugned direction of Industrial Court time scale is payable only for the period from 26.02.1992 onwards 2 and accordingly the said benefit has been extended to the respondents. He argues that the additional retrenchment compensation and gratuity does not become payable on that count and learned Member of Industrial Court has overlooked this position. Shri Pillai, learned counsel invites attention to charts prepared by the petitioners to urge that the benefit of time scale has been correctly extended in those charts from 26.02.1992 till 02.03.1994 i.e. the date on which establishment was closed and services of Respondents were terminated. He further states that retrenchment compensation and gratuity paid was on the basis of last wages earlier drawn and hence the same were required to be recomputed on the basis of time scale because on 02.03.1994, all respondents were receiving time scale. It is apparent that there is no dispute between the parties about the arrears becoming available to the respondents on account of time scale. However, as on 02.03.1994, the respondents were drawing their wages in time scale. As per provisions of Payment of Gratuity Act and Industrial Disputes Act, their gratuity and retrenchment compensation needs to be calculated on the basis of 15 days average wages last received by them. Thus, on the basis of revised wages, the respondents become entitled to amount of difference towards gratuity and also retrenchment compensation. The Industrial Court has, therefore, correctly evaluated the situation. 3 I, therefore, do not find anything wrong with the impugned judgment dated 05.10.2009 delivered by Industrial Court in proceedings under Section 50 of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act. Writ Petition is, therefore, without any merits, hence the same is dismissed. No order as to costs. The amount of Rs.16,000/- in deposit with the Registry of this Court is allowed to be withdrawn by Shri Pillai, learned Counsel, on behalf of the respondents. JUDGE *GS.