App.1134/2010 1 IN THE HICH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.1134/2010 Suresh Kandu and Anr. Appellants Vs. Pfizer Ltd. Respondents Ms.Gayatri Singh for appellant Mr.J.P.Cama ,Sr.Adv.i/b Crawford Bayley & Co.for Res. CORAM- A.M.KHANWILKAR AND MRS.MRIDULA BHATKAR,JJ. DATE 19th April,2011 P.C. . Heard learned counsel for the parties. Learned Single Judge has essentially proceeded on the finding of fact while upholding the opinion recorded by the Industrial Court . The workman in his evidence has admitted that he has not worked for 240 days as per the Model Standing Order in any year. Admission of appellant no.1 is found at page 179 which reads thus- “ It is true that I have not mentioned in any affidavit that I had worked for 240 days as per the Model Standing Orders in any years. It is true that I had not completed 240 days in a year. Nothing isproduced to show that I was working for 5 days in a week.” To get over this finding the only argument canvassed App.1134/2010 2 before us is that the courts below have not considered the efficacy of other evidence given on behalf of the company which mentions that the weekly off days are not included in the statement regarding the working days furnished by the company. The argument though attractive does not commend to us considering the admission given by the appellant in the evidence which is alluded to herein before. The appellant has also admitted that he is not in a position to produce any material to show that he was working for five days in a week. The finding of fact recorded by the Industrial Court has been rightly upheld by the learned Single Judge. In view of the said finding the grievance of the appellant will have to be answered against the appellants,as the appellants would not be entitled to permanency under clause 4-C of the Model Standing Order. Hence dismissed. (MRS.MRIDULA BHATKAR,J.) (A.M.KHANWILKAR ,J.) App.1134/2010 3