1 CAW 418.11 Kambli IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.418 OF 2011 IN LETTERS PATENT APPEAL NO. OF 2011 IN WRIT PETITION NO.10310 OF 2010 ... The State of Maharashtra & ors. ...Petitioners v/s. Shri Pandurang Walu Rathod ...Respondent ... Mr.A.B.Vyagani, AGP for the Petitioners. None for the Respondent. ... CORAM: D.K.Deshmukh & Anoop V. Mohta, JJ DATED: 21st November, 2011 P.C.: 1. This is an application for condonation of delay. Delay is of 145 days. 2. We have heard the learned Counsel for the Appellant on merits of the matter to find out whether the Appellant has any prima facie case. By the order impugned in the Appeal, the learned Single Judge has declined to interfere with the award made by the Labour Court granting 2 CAW 418.11 reinstatement in service with 25% back wages to a labourer. The Labour Court as a fact has found that the concerned labourer has completed 5 years of service from 1985 to 1990. This conclusion is based on the certificate issued by the officer of the Appellant itself. Considering that the award is based on finding of fact and it is only labourer who has got the benefits of the award, we do not find that this is a case where the Appeal court should exercise its jurisdiction to interfere with the discretion of the Labour Court. Therefore, no useful purpose will be served by condoning the delay. Both Civil Application and Appeal are, therefore, disposed of. (Anoop V. Mohta, J.) (D.K.Deshmukh, J.) 3 CAW 418.11 4 CAW 418.11