1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4166/2007. The Executive Engineer PWD Arvi -: versus :- Hari Mahadeo Jikar Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : FEBRUARY 16, 2010. Heard finally by consent of the parties. Learned A.G.P. appearing for petitioner has contended that because of the judgment delivered by this Court on 05.01.2010 in Writ Petition No. 3015/2005 and on 07.01.2010 in Writ Petition No. 3243/2005, the issue has been concluded in favour of petitioner. Shri Salve, learned counsel for respondent on the other hand contends that this Court has accepted that records were destroyed and therefore the delay in approaching the Reference Court was held fatal. According to him in present matter the Labour Court has found that the destruction of record has not been established. With the assistance of both the learned Counsel I have perused the impugned judgment. Consideration of paragraph nos. 15 to 17 clearly show that the petitioners have failed to prove that the records were destroyed, they 2 only placed reliance on Rule 272 of the Maharashtra P.W.D. Manual to urge that the records are liable to be preserved for a period of 5 years. Labour Court has rightly concluded that there is nothing on record to show that these records have been destroyed. As this finding of fact has not been demonstrated to be either erroneous or perverse, the earlier judgments are not applicable in the present matter. Hence, the delay has not caused any irreparable loss or injury to the petitioner. The Labour Court has already turned down the relief of back wages. In the circumstances, no case is made out warranting interference in writ jurisdiction. Writ Petition is dismissed. Rule discharged. No cost. JUDGE Rgd.