1 I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR LETTERS PATENT APPEAL No. 498 OF 2010 (In WP No. 1179/10) Forest Development Corporation of Maharashtra Ltd. & anr. v. Bandu s/o Bapurao Patil ------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's and Registrar's orders orders ------------------------------------------------------------------------------------------------------------------- Mr. M.P. Badar Advocate for the appellants. ..... CORAM: J.P. DEVADHAR & A.B.CHAUDHARI, JJ. DATED : 15 th OCTOBER, _2010. Heard. It is not in dispute that the respondent was admittedly working as a clerk since the year 1984, he having been asked by his employer to work as a clerk. Mr.Badar, learned counsel for the appellants, vehemently argued that the respondent did not have the necessary qualification for the post of clerk when he was asked to work as a clerk. He, however, admits that during the course of his employment after 1985 the respondent acquired the necessary qualification required for the post of clerk. In view of this position, and balancing the 2 equity, the learned Single Judge vide para 8 of the judgment deprived the respondent/employee of the benefits which were given to him by the Industrial Court effective from 26.2.1990 and made the same applicable from 23.7.1999. Thus, the respondent/employee was deprived of the monetary benefits for a period of more than nine years. The learned Single Judge also considered the effect of Model Standing Orders in the matter of regularization of services and also the provisions of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act. In the light of the above, we do not find any error with the order passed by the learned Single Judge on 26.4.2010 in W.P. No. 1179 of 2010 in not accepting the plea of the appellants in entirety. The appeal is devoid of merit and the same is dismissed. JUDGE JUDGE /TA/ 3