pvr １ ca124-lpst39505 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.124 OF 2003 IN LETTERS PATENT APPEAL(ST)NO.39505 OF 2002 AND LETTERS PATENT APPEAL(ST)NO.39505 OF 2002 1.The Sub Divisional Engineer and others. ...Applicants/ Appellants vs. 1.Shri.Ashok Keshav Kadam & Anr. ...Respondents --- Mr.A.D.Kansoo, AGP for Applicants/Appellants. --- CORAM: D.K.DESHMUKH & ANOOP V. MOHTA, JJ. DATED: 7th December,2011. P.C.:- 1. This civil application is taken out for condonation of delay in filing Letters Patent Appeal. The delay is of 140 days. In order to pvr ２ ca124-lpst39505 find out whether the appellant has prima facie case, we have heard the learned Counsel appearing for applicants-appellants. We find that the learned Single Judge has rejected the writ petition filed on behalf of the Sub-Divisional Engineer, Minor Irrigation Sub Division, challenging the Award made by the Labour Court dated 8.2.2001 wherein a Laborer is involved. A finding of fact has been recorded that though he had completed 240 day of service in a year, without following the provisions of Section 25(F) of the Industrial Disputes Act his services were terminated. The Labour Court has considered the chart submitted on behalf of the appellants and has recorded a finding of fact that he has completed 240 days of service in a year. In our opinion, considering that it is a finding of fact recorded by the Labour Court and considering that it has been confirmed by the learned Single Judge and also considering that he is a labourer who was in service since 1992, it will not be pvr ３ ca124-lpst39505 appropriate for this to Court to entertain the appeal. The appellant does not have prima facie case. Therefore, no useful purpose will be served by condoning delay. The civil application is disposed of. The appeal is also disposed of. (D.K.DESHMUKH, J.) (ANOOP V.MOHTA, J.)