IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL ST. NO.17703 OF 2009 IN WRIT PETITION NO.1947 OF 2009 Municipal Corporation of Greater Mumbai ... Appellant Versus Pandharinath Ghuge ... Respondent Mr. S.K. Talsania, Senior Advocate with Ms. Kavita Anchan i/by M/s. M.V. Kini & Co. for the appellant. Ms. Rita Joshi for the Respondent. CORAM : SWATANTER KUMAR, C.J. & A.M. KHANWILKAR, J. DATED : 12TH AUGUST, 2009 P.C. Vide orders dated 15th May, 2007 and 2nd April, 2008, the Labour Court and the Industrial Court held that the enquiry conducted against the workman was not fair and proper. Thus the findings recorded by the Enquiry Officer are set aside and the Management was free to lead evidence before the Tribunal itself. Aggrieved from these orders, the Management has challenged the orders in Writ Petition No.1947 of 2009 which came to be dismissed vide order dated 24th March, 2009 giving rise to the filing of the present appeal. 2. The learned Single Judge has exercised his judicial discretion in consonance with the settled principle and had affirmed the findings recorded by the Labour Court that the enquiry was not fair and proper. It is specifically referred to the fact that the workman was not permitted to produce his evidence and also that medical certificate had not been furnished to him. 3. Be that as it may, the discretion exercised by the learned Single Judge does not suffer from any apparent error of law and it is not proper for this court to interfere in the discretion so exercised unless and until the discretion was exercised on improper basis or not in consonance with the principle of law. Further we see no reason to interfere because the appellant will have to lead evidence before the Industrial Court. No merit. Dismissed. CHIEF JUSTICE A.M. KHANWILKAR, J.