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 Civil Application No.7 of 2008 Civil Application No.7 of 2008 Civil Application No.7 of 2008 in in in Letters Patent Appeal (St) No.27583 of 2007 Letters Patent Appeal (St) No.27583 of 2007 Letters Patent Appeal (St) No.27583 of 2007 in in in Writ Petition No.8373 of 2006. Writ Petition No.8373 of 2006. Writ Petition No.8373 of 2006. Sectional Engineer, Koyana Dam Administrative Instrument Department & Ors. ..Applicant/Petitioners versus Sanjay Venkatrao Shinde ..Respondent. Mr.S.K.Chinchalikar, G.P. for the applicant-State Mrs.Anjali N. Helekar for the respondent Coram : Swatanter Kumar, C.J. & Coram : Swatanter Kumar, C.J. & Coram : Swatanter Kumar, C.J. & V.M.Kanade, J. V.M.Kanade, J. V.M.Kanade, J. Dated : 2nd April, 2008 Dated : 2nd April, 2008 Dated : 2nd April, 2008 P.C. 1. The present appeal is directed against the order dated 6.7.2007 passed by the learned Single Judge wherein interim order was passed subject to the conditions stated in the Order. Besides the fact that the present appeal is delayed by 107 days and it is opposed by the defendants. There is no proper reason given for condonation of delay. 2. We are of the considered view that even on merits the appellant has no case. The learned Single Judge has exercised discretion and in taking -2- note of the fact that in terms of the award, finding of fact is recorded that the workmen were working in full time and passed the direction to the petitioners to pay the respondent workmen the salary as full time employees on permanent basis. 3. The Order in fact is in consonnace with Section 17B of the Industrial Dispute Act. Be that as it may, we see no reason to interfere. Appeal is dismissed. However, liberty to the appellant to state before the Single Judge for early hearing of the matter. ( Chief Justice.) ( Chief Justice.) ( Chief Justice.) (V.M.Kanade, J.) (V.M.Kanade, J.) (V.M.Kanade, J.)