( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 3741-2010 Shrigonda Sahakari Sakhar Karkhana Ltd., through its Managing Director. PETITIONER VERSUS Ashok Rama Kalane RESPONDENT ..... Mr. V.D. Hon, advocate for the petitioner. Mr. Sanket S. Kulkarni, advocate for the respondent. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 29th April, 2010] PER COURT : 1. Heard learned counsel for the parties. 2. There are concurrent findings of the Labour Court and the Industrial Court as regards the unfair labour practice adopted by the petitioner. The complaint was filed under section 78 and 79 of the Bombay Industrial Relations Act, 1946. The petitioner is a Cooperative Sugar Factory. the respondent was employee of the petitioner. He was removed from service due to absentia of only three (3) days i.e. 11-12-1999, 16-12-1999 and 17-12-1999. He explained that his wife ( 2 ) was seriously ill. The casual absence of a worker due to some reasons could not be treated as the misconduct. It appears that both the Courts noticed the fact that the respondent was awarded penalty of dismissal which was shockingly disproportionate to the charges levelled against him. 3. On consideration of the material placed on record, the dismissal order was found to be illegal and therefore, reinstatement was ordered alongwith backwages to the extent of 25 per cent. It is important to notice that the petitioner did not adduce any evidence and the respondent explained that he had attempted to get alternate employment in another sugar factory, yet, he could not secure such employment during the period he was out of the service of the petitioner. In this view of the matter, I do not find any substance in the petition. The writ petition is dismissed. No costs. [ V.R. KINGAONKAR ] JUDGE NPJ/wp3741-2010 ( 3 )