1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.9249/2008 IN LETTERS PATENT APPEAL ST. NO.10323/2008 IN WRIT PETITION NO. 2310/1992 (Deputy Conservator of Forests vs. Ku. Vimal d/o Parashram Thakre and another) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : JUNE 30, 2009 Heard Shri Badar, learned Counsel for the applicant/appellant, and Shri Puranik, learned Counsel for the respondent no.1. Civil Application No.9249/2008 is moved by the applicant/appellant for condonation of delay in filing letters patent appeal. The request is opposed by Shri Puranik, learned Counsel for the respondent no.1. We have considered the contentions of the learned Counsel for the parties. For the reasons 2 stated in the civil application, delay is condoned. The civil application is allowed. Heard learned Counsel for the parties on the merits of the letters patent appeal. We have considered the contentions of the learned Counsel for the parties and perused the observations made by the learned Single Judge in para (6) of the impugned order, which show that in spite of sufficient opportunity given to the appellant, the appellant failed to adduce any evidence except filing of written statement and, therefore, the Labour Court considering the evidence adduced by the respondent no.1, came to the conclusion that the respondent no.1 established her claim and directed reinstatement of the respondent no.1 as Clerk with full back wages. However, appellant reinstated the respondent no.1 as labourer. The respondent no.1 then filed application under Section 15(2) of the Payment of Wages Act, which was allowed by the Labour Court. Against the said order, writ petition was filed, which was dismissed by the learned Single Judge by passing the impugned order. 3 In the circumstances, no case is made out for showing indulgence. The letters patent appeal is dismissed. JUDGE JUDGE khj