wp62of1999.sxw 1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.62 OF 1999 Bapu Pandurng Mane .. Petitioner -versus The Supdt Engineer, Water Resources Division and ors .. Respondents. Mr. N.D. Hombalkar, for the Petitioner Mr. A.P. Vanarase, AGP for respondent Nos l to 3. CORAM: ANOOP V. MOHTA, J. DATED: 19th April, 2010 P.C. 1. The matter is from final hearing Board. 2. The Industrial Court, has dismissed the complaint by holding that respondent is not entitled for any relief of permanency and/or continuity of service and rejected the prayers. The petitioner was engaged as rain- gauge reader. He had never completed more than 240 days in a year. 3. The petitioner alongwith others, was working from 1st June to 31st October, only in each year in rainy season. Thereafter no work was available for them. The Kalelkar award is also not applicable to the petitioner as he had never served continuously for 240 days in a year upto five years. wp62of1999.sxw 2 4. The petitioner’s case of 20 years service though noted, but no relief can be granted in view of the present facts and circumstances of the case. This Court also admitted the petition, but not granted any interim relief. 5. It appears from the record that the birth date of the petitioner is 8.10.1934 and he has completed 60 years of age in 1994 itself. Therefore, there is no question of considering the case after lapse of l5 years. Even otherwise in view of the judgment in case of State of Karnataka -vs- Uma Devi (SCC 2006, page No.1806), there is no need to interfere with the impugned order . Petition is accordingly dismissed. Rule discharged. No costs. ( ANOOP V. MOHTA, J.)