1 WP292/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.292 OF 2011 Prakash Narayan Kadam and others ...Petitioners v/s The Board of Trustees of the Mumbai Port Trust and others ...Respondents Mr Jayprakash Sawant i/b Ms Ranjana Todankar for Petitioners. Mr A.V. Anturkar i/b M/s Motiwalla and Co. for Respondents. CORAM : D.K. DESHMUKH AND ANOOP V. MOHTA JJ. DATE : 7TH MARCH 2011. 2 WP292/11 P.C. :- 1] Rule, returnable forthwith. Heard finally by consent of the parties. 2] The petitioners who were in the employment of respondent  Board are making grievance against the communication dated 30th September 2010. By that communication, the petitioners have been informed thus :- 1] Kindly note that recovery at the rate of Rs.5,670/- has been commenced from August 2010 through monthly pension under GLC-0396 for excess paid in wages. Your total recovery is Rs.62,157/-. 2] Kindly note that recovery at the rate of Rs.5,670/- has been commenced from August 2010 through monthly pension under GLC-0396 for excess paid in wages. Your 3 WP292/11 total recovery is Rs.70,946/-. 3] Kindly note that recovery at the rate of Rs.4,728/- has been commenced from August 2010 through monthly pension under GLC-0396 for excess paid in wages. Your total recovery is Rs.25,881/-. 4] Kindly note that recovery at the rate of Rs.4,833/- has been commenced from August 2010 through monthly pension under GLC-0396 for excess paid in wages. Your total recovery is Rs.44,164/-. Admittedly, this recovery has been ordered from the pension of the petitioners without giving them any show cause notice and opportunity of being heard. This action thus obviously is in violation of principles of natural justice. In our opinion, therefore, following order would meet the ends of justice. 4 WP292/11 3] The communication dated 30th September 2010 is set aside, however, this order will not come in the way of the Board making fresh order in compliance with the principles of natural justice. Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE ANOOP V. MOHTA )