In the further alternative counsel contended that assuming that the Arbitrator had power to interfere with the punishment in the instant case having to the facts and circumstances he was not justified in setting aside the dismissal of Rama Shanker and Barmapradhan especially on the ground on which he did so namely, that the conduct of Shri Emmanual and Mohd. Rauf was more grave than that of Rama Shanker and Barmapradhan while fomenting the strike; counsel urged that passively taking part in the strike was distinguishable from the more serious mis conduct of fomenting or inciting the strike and all the respondents were found guilty by the learned Arbitrator of such serious mis conduct and as such no distinction on the distinction on the basis indicated between the two sets of workmen should have been made in the matter of punishment, on the other hand coun 367 sel for the Respondents urged that Standing order No. 17 had been properly construed by the Arbitrator and the High Court and that construction should be upheld and in any case if two constructions were reasonably possible no interference by this Court was called for and counsel in that behalf relied upon the decision Agani (W.M.) vs Badri Das and ors.