1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR LETTERS PATENT APPEAL NO 297 OF 2009. IN CIVIL APPLICATION (Z) NO.305 OF 2011 Municipal Council, Paoni,Thr.its Cheif Officer,Tah.Paoni,Distt Bhandara .Vrs. Diwakar Shankarrao Bhoge. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. (S/Shri. M.I.Dhatrak and S.A.Sahu, Advocates for appellant) CORAM : B. P. DHARMADHIKARI & P.D.KODE, J J. DATED : 08.06.2011 Heard. Learned Single Judge has recorded that no work is available with present applicant after abolition of octroi department with effect from 01.05.1999.Therefore the Single Judge had directed Municipal Council to reinstate them with effect from 01.07.1997 with liberty to retrench them again with effect from 01.05.1999 by paying one months wages in lieu of notice period and retrenchment compensation as per section 25(F). Accordingly on 05.03.2010 the respondents were reinstate and on 07.03.2010 they are retrenched. Hence they are claiming back wages for the period from 01.05.1999 till the retrenchment on 04.03.2010. 2 According to Learned counsel Mr. Jaiswal, as the retrenchment is permitted perspectively and there is a directions to reinstate the employees, they are entitled to regular salary as if they were in service. Shri Dhatrak, Learned Counsel for appellant/Municipal Council states that no work was available and therefore there is direction to retrench them from 01.05.1999 i.e. the date of abolition of octroi department. The findings of Learned Single Judge that there was no work available still holds good. This court admitted LPA filed by Municipal Council. As the work was found to be not available it is apparent that no directions to pay wages for the period from 01.05.1999 onwards can be issued at this stage. Therefore Civil Application (Z) No 305/2011 stands rejected. Looking to the nature of controversy, hearing of Letters Patent Appeal expedited. JUDGE JUDGE scd//