WP/10310/2010 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10310 OF 2010 The Executive Engineer, P.W.D., Miraj, Sangli & Anr. ... Petitioners V/s. Pandu Walu Rathod ... Respondent Mr. A.D. Kango, AGP, for the Petitioners. None for the Respondent. CORAM : SMT. NISHITA MHATRE, J. DATE : 28 TH FEBRUARY, 2011. P.C. : 1. This Writ Petition has been preferred against the Award passed by the Labour Court, Sangli on 19th March, 2010 in Reference (IDA) No.17 of 2005. By this Award, the Labour Court has directed the petitioners to reinstate the respondent­workman with continuity of service and back­wages to the extent of 25%. The Labour Court has found that the workman has worked continuously from 1985 to 1990 on the basis of the certificates produced before the Labour Commissioner, which were issued by the petitioners. It has held that the petitioners have failed to produce the muster rolls though called upon to do so. 2. On the basis of the record available before it, the Labour Court held that the respondent­workman had completed five years of service continuously from 1985 WP/10310/2010 2 to 1990. It, therefore, concluded that in view of the Kalelkar Award he was entitled to permanency, although he was employed on daily wages. 3. In my opinion, there is no need to interfere with this Award specially since the petitioners have not led any evidence in the matter. Apart from this, the contentions raised by the learned AGP appearing for the petitioners that there are no vacant posts also has not been established either in the pleadings of the petitioners or by placing any material on record. 4. The Writ Petition is, therefore, dismissed.