1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7706 OF 2009 Jagdish Electronics (India) Pvt. Ltd., )..Petitioners Vs Shri Namdev Kondiba Shitole )..Respondent ---- Neel G. Helekar i/by M/s.Haresh Mehta & Co. for the petitioners. ---- Coram : R.S.MOHITE,J Date : 3rd December, 2009. PC 1 This is a writ petition impugning an order passed by the Second Labour Court, Pune on 27.05.2009 allowing the reference and directing the reinstatement of the second party with continuity of service without back wages. The reference has been partly allowed on the footing that the punishment is shockingly disproportionate. The workman is employed in the year 1984. The incident in question took place in the year 1996 where it is alleged that he assaulted a co-worker by name Ingale and caused head injury to him. It is not in dispute that no doctor has been examined to prove serious nature of the injury. On the contrary, the record shows that Ingale worked on that day. The mitigating fact is that the defence of the respondent that Ingale was the person who provoked him appears to have been accepted by the employer since the record indicates that inquiry proceeding was admittedly taken against Ingale and he was also found to be guilty. This indicates the 2 possibility of provoking by Ingale. Weighing 13 years of service against this incident, it cannot be said that the judgment of the labour court is so perverse as deserving interference in writ jurisdiction. Advocate for the petitioners relied upon the judgment in the case of M.P. Electricity Board Vs. Jagdish Chandra Sharma reported in (2005) 3 Supreme Court Cases 401. The facts in that case were different. The assault was on his senior officer which is not a fact situation in the present case. There was also no mitigating factor such as unwarranted aggression. In this view of the matter, the ratio of that case can not apply to the fact situation of the present case. Hence, petition is summarily dismissed. (R.S.MOHITE,J) 3