{1} wp529408.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5294 OF 2008 Thawara s/o Bakshu Rathod Petitioner Versus The Executive Engineer, Majalgaon Project, Division No.2, Parli-Vaijnath, District Beed & others Respondents Mr.Ashok Mundhe, advocate holding for Mr.Y.R.Barhate, advocate for the petitioner. Mr.S.P.Sonpawale, advocate for respondent no.3. CORAM : R.M.BORDE, JJ. DATE : 28 th January, 2011 PER COURT: 1 The petitioner is raising exception to the order dated 31.12.2007, passed by the Judge, Labour Court, Jalna, in Reference (IDA) No.29 of 2004. 2 It is the grievance of the petitioner that he was employed by the Respondents-employer for a period between 1981 to 1989. His services have been terminated by issuing oral instructions since 30.09.1989. The petitioner claims that he has completed more than 240 days' of service in a calendar year and as such, he is entitled for benefits of permanency. It is also his contention that junior employees, who are appointed at later point {2} wp529408.odt of time, have been retained in service and services of the petitioner have been dispensed with. 2 The contentions raised by the petitioner-employee have been controverted by Respondents-employer. 3 After considering evidence led by the parties, the learned Judge of the Labour Court recorded a finding that the employee - petitioner herein could not prove the contentions raised by him and as such dismissed the Reference Application. 4 I have perused the order passed by the Labour Court. From the statement tendered by the employer, it transpires that the petitioner has not completed 240 days' of service in any of the calendar years since 1981 to 1989. The petitioner also could not establish the fact that the junior employees are retained in service by the employer. Considering the findings of fact recorded by the Labour Court, in exercise of extraordinary jurisdiction under Article 227 of the Constitution, no interference is called for. 5 Writ Petition, therefore, stands rejected. R.M.BORDE JUDGE adb/wp529408