1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR LETTERS PATENT APPEAL NO.243 OF 2010 IN M.C.A. NO.170/2010 IN WRIT PETITION NO.907 OF 2002 (Bapurao s/o Gulabrao Jamodkar vs. Deputy Engineer and another) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri S.T. Harkare, Advocate for appellant. Shri N.N. Motghare, Advocate for respondents. ----------- CORAM : J.P. DEVADHAR AND A.B. CHAUDHARI, JJ. DATED : AUGUST 24, 2010 Heard learned Counsel for the rival parties. Admit. Taken up for final hearing with consent of the learned Counsel for the parties. The learned Single Judge of this Court has held in the impugned judgment that the appellant was not entitled to maintain application under Section 33-C(2) of the Industrial Disputes Act in view of the fact that the claim made by the appellant was not admitted nor the same could be computed in 2 terms of money upon any earlier adjudication nor there was any award. The claim for over-time wages having thus not been adjudicated at any point of time, in our opinion, the decision rendered by the learned Single Judge cannot be faulted with. The letters patent appeal is dismissed. No costs. JUDGE JUDGE khj