1 LPA180.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION KJ LETTERS PATENT APPEAL NO.180 OF 2010 IN WRIT PETITION NO.4759 OF 2009 Shri Laxman Dadarao Bhosale )..Appellant Vs. M/s.Kalyani Sharp India Ltd & Ors. )..Respondents ---- Mr.Sanjay Kshirsagar for the appellant. Mr.A.Mehta along with Mr.Anupam Surve i/by Haresh Mehta & Co. for the respondents. ---- CORAM : P.B.MAJMUDAR & MRS.MRIDULA BHATKAR,JJ DATE : 26/11/2010. PC 1 This appeal is directed against the order of the learned single Judge dated 3/8/2009 in Writ Petition No.4759 of 2009. By the impugned order, the learned single Judge dismissed the Writ petition and confirmed the award passed by the Labour Court. The appellant was serving with the respondent at the relevant time. He was appointed as an Operator in respondent- 2 LPA180.10.sxw company in the year 1986. A departmental inquiry was initiated against the appellant and other six workmen on the ground that the six workmen assaulted one Mr. Shaikh who was an employee of the respondent-company. 2 The appellant was the General Secretary of the union and as per the case of the management he instigated the other workmen in assaulting Mr. Shaikh. The charge against the appellant and other workmen is that on 1/7/1998 the appellant with other workers indulged in an act of abusing and assaulting Mr. Shaikh. An inquiry was conducted and after completion of the inquiry the appellant and other workmen were removed from service. The appellant raises industrial dispute. The matter was referred to the Labour Court. The Labour Court found that the domestic inquiry was properly held. The Labour Court also considered the evidence of Mr. Shaikh who was the victim. In paragraph-9, the role of the present appellant has been described by the Labour Court in reference. The Labour Court accordingly, rejected the reference, against which, Writ petition was filed before the learned single Judge. The learned single Judge also went through the evidence and ultimately has found that mis-conduct against the appellant has been proved. 3 Learned Advocate for the appellant however argued that Mr. Shaikh has not attributed any role to the appellant in the matter of assault. In this connection it is required to be noted that the appellant along with other workers committed an act of assault and the role of the appellant is already 3 LPA180.10.sxw described by Mr. Shaikh in his evidence. As per the say of the respondent, the incident has happened at the instigation of the appellant at the factory premises and at the site where Mr. Shaikh was assaulted. In our view, both the courts have properly considered the evidence. We therefore, do not find any substance in the submission that the appellant was innocent or evidence was not properly appreciated by the Labour Court. 4 It is not in dispute that when the dispute was pending before the Labour Court, the management also paid an amount of about Rs.2,35,000/- to each of the workman by settling the dispute. In fact, in all Rs.20 lakhs was paid by way of group settlement which is treated as settlement on behalf of all the workers. However, the appellant has not taken any amount. During the course of hearing, it was suggested that whether the appellant was willing to accept the amount. Learned Advocate for the appellant stated that his client is not interested in taking any amount. 5 In so far as question of adequacy of punishment is concerned, learned single Judge has considered the said aspect. The appellant as an employee of the company, tried to commit serious mis-conduct in assaulting Supervisor of the company and also abused the Supervisor as mentioned in paragraph-9 by the Labour Court in its award. 6 Considering the said aspect, we are of the opinion that it cannot be said 4 LPA180.10.sxw that the punishment is shockingly dis-proportionate and this Court which is a 3rd Court should interfere in the matter of punishment. We do not find any substance in the argument regarding punishment. Since we do not find any substance in this appeal, the same is dismissed at an admission stage. (MRS.MRIDULA BHATKAR,J) (P.B.MAJMUDAR,J)