IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 52 OF 2008 M/S. PRAVEENA INDUSTRIES ... Petitioner Versus THE GENERAL SECRETARY, ALL GOA GENERAL EMPLOYEES UNION AND 2 ORS., ... Respondents Mr. G. B. Kamat, Advocate for the Petitioner. Mr. V. Menezes, Advocate with Ms. Conception, Advocate for the Respondents. Coram:- A. P. DESHPANDE, J. Date:- 21st November, 2008 ORAL ORDER The present Petition is filed by an employer challenging an Award passed by the Industrial Tribunal dated 06.09.2007, answering the reference in favour of the Workman. The respondent at the relevant point of time was holding the post of Fabricator/Welder. The respondent workman was a direct recruit in the said post. An inquiry into the alleged act of misconduct was held against the Respondent. The Inquiry Officer found the respondent guilty of the Act of misconduct and the Disciplinary Authority imposed a punishment of reduction in rank from the post of Fabricator/Welder to the post of Helper, which is a lower post. The Industrial Tribunal found that a person who is directly appointed to a post, cannot be reduced in rank to any lower post. The punishment of reduction in rank could only be awarded to a promotee employee. This is a settled position of law which does not call for any interference. It may not also be out of place to state that the Advocate representing the Petitioner himself acted as an Inquiry Officer. 2. Be that as it may, there is no merit in the Petition and the same deserves to be dismissed. At this stage, the learned Counsel points out that the operative part of the Order/Award passed by the Industrial Tribunal needs to be clarified. After setting aside the impugned Order of reduction in rank (mentioned as reversion), a direction to reinstate the workman with full back wages and continuity of service is made. The petitioner claims to have paid the wages to the respondent as admissible to the post of Helper. Thus, it is clear that the petitioner need to pay the Respondent the difference in the wages admissible to the post of Fabricator/Welder and the post of Helper. Once the same is done, the penal effect of the impugned Order of reduction in rank would be wiped out. 3. With the above clarification, Writ Petition is dismissed. A. P. DESHPANDE, J. arp/*