1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD LETTERS PATENT APPEAL NO.102 OF 2009 IN WRIT PETITION NO.7165 OF 2009 Osmanabad Janta Sahakari Bank Ltd., Osmanabad, (Through it's C.E.O.) ...APPELLANT. VERSUS Dada s/o Balbhim Langade, R/o- At & Post-Gour, Tq-Kalamb, Dist-Osmanabad. ...RESPONDENT. ... Shri. Vivek Dhage Advocate for Appellant. Shri. A.V. Patil Advocate for Respondent sole. ... CORAM: NARESH H. PATIL AND K.K. TATED, JJ. DATE : 20TH SEPTEMBER, 2010. PER COURT : 1. Heard learned counsel for the parties. 2. Shri. Dhage, the learned counsel 2 appearing for the Appellant submitted that the Respondent- employee failed to establish that he was not gainfully employed during the course of the proceedings pending before the Court below. In respect of the impugned Order passed by the learned Single Judge, it was submitted that the delay occurred in filing Writ Petition was not intentional. The learned counsel placed reliance on the Reported Judgment in the case of Jotiram Narayan Chechar vs. President, Panchganga Shikshan Prasarak Mandal, Kolhapur and others, 2008 (5) Mh. L.J. Page 181. 3. Learned counsel for the Respondent submits that the Labour Court and the Industrial Court reached concurrent findings in respect of the issue raised by the Appellant. The delay of two years and eight months in approaching the Writ Court was inordinate and therefore the learned Single Judge rightly dismissed the Writ Petition in absence of any convincing reason for condoning the delay. 3 4. We have perused the Orders passed by the Courts below and the impugned Order passed by the learned Single Judge. We have perused the Judgment cited supra. 5. The Appellant could not assign sufficient reason for not approaching the Writ Court within the reasonable time frame. In the facts of the case and in view of the Order passed by the learned Single Judge, we are of the opinion that the impugned Order does not call for interference in exercise of our jurisdiction under Letters Patent Appeal. The Letters Patent Appeal is dismissed. [K.K. TATED, J.] [NARESH H. PATIL, J.] asb/SEPT10/lpa102.09