.{1}. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.308 OF 2008 IN WRIT PETITION NO.4904 OF 2008 ALONG WITH CIVIL APPLICATION NO.285 OF 2008 IN LETTERS PATENT APPEAL NO.308 OF 2008 Kalyan Dombivali Municipal Corporation. ..Appellant. Versus Shri.Prakash Tukaram Sanas and 4 others. ..Respondents. ... Mr.A.S.Rao, Advocate for the appellant. Mr.Amol B. Desai, Advocate for the respondent. ... CORAM : J.N. PATEL AND CORAM : J.N. PATEL AND CORAM : J.N. PATEL AND SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATED : 13TH FEBRUARY, 2009. DATED : 13TH FEBRUARY, 2009. DATED : 13TH FEBRUARY, 2009. P.C.:- P.C.:- P.C.:- 1. Leave granted to annex the modified order dated 26th September, 2008 to substitute the order dated 25th August, 2008 passed by the learned Single Judge in Writ Petition No.4904 of 2008, which is the subject matter of this Appeal. 2. Heard. 3. This Appeal is preferred impugning the order of the Industrial Court which came to be upheld by the .{2}. learned Single Judge of this Court in the matter of complaint filed under Items 5 & 9 of Schedule IV of MRTU & PULP Act, 1971 wherein respondents were directed to be given identical benefits of regularization/permanency compared to other employees similarly recruited and who have enjoyed those benefits in terms of the advertisement. The respondents are working in different cadres. Respondent No.1 was employed as a Artisan "A", whereas respondent Nos.2 & 3 were employed as Drivers and respondent No.5 was working as a Conductor. It appears that the case of the appellant was that they are on probation subject to sanctioning of the posts by the Government. In their evidence before the Industrial Court, the witness examined on behalf of the appellant admitted in cross-examination that the sanctioned posts were available and that the respondents have been appointed against these sanctioned posts. With these admissions, we find that the appellant has no case in Appeal. Therefore, Appeal stands dismissed. Civil Application is also dismissed. [J.N.PATEL,J.] [J.N.PATEL,J.] [J.N.PATEL,J.] .{3}. [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.]