WP/8991/2010 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8991 OF 2010 Maharashtra State Road Transport Corporation, Mumbai ... Petitioner V/s. Abdul Sattar Bachamiya Tamboli ... Respondent Mr. G.A. Karmarkar i/b. G.S. Hegde & Associates for the Petitioner. Mr. A.A. Karande for the Respondent. CORAM : SMT. NISHITA MHATRE, J. DATE : 7 TH MARCH, 2011. P.C. : 1. The orders impugned in the present Petition have been passed by the Labour Court, Solapur on 30th September, 2004 in Complaint (ULP) No.46 of 2004, which were confirmed by the Industrial Court, Solapur by its order dated 29th January, 2010 passed in Revision (ULP) No.47 of 2004. The Labour Court has set aside the show cause notice issued to the respondent-employee as it found that the Reviewing Authority had enhanced the punishment imposed by the Disciplinary Authority when an Appeal was pending before the Appellate Authority. An additional written statement was filed by the Divisional Controller of the petitioner-Corporation on 3rd July, 2004 accepting the fact that the First WP/8991/2010 2 Appeal preferred by the respondent-employee against the order dated 20th October, 2003 was placed before the Divisional Controller on 18th November, 2003 and that the same officer in his capacity as the Reviewing Authority has reviewed the same order on 23rd October, 2004. 2. In my opinion, there is no need to interfere with the impugned orders. Both the Courts below have found that when an Appeal against a particular order was pending, the officer who was both the Reviewing Authority as well as the Appellate Authority could not have reviewed the order to enhance the punishment. 3. The Writ Petition is rejected.