W.P. No.3004 OF 1998 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3004 OF 1998 Shri Naval Bhika Patil ... Petitioner V/s. Divisional Controller Maharashtra State Road Transport Corp. & Anr. ... Respondents Mr.M.S. Karnik for Petitioner Mr.G.S. Hegde for Respondent No.1 CORAM: SMT.NISHITA MHATRE, J. DATED: AUGUST 11, 2010 P.C.: 1. The petitioner was dismissed from service on account of certain acts of misconduct. The Labour Court had set aside his dismissal order and directed the respondents to reinstate him with continuity of service but without backwages. 2. Aggrieved by the order, the respondents filed a revision application before the Industrial Court. That revision application was allowed and the order of the Labour Court was set aside. Hence, the present petition. 3. During the pendency of the petition as well as the revision application, undisputedly, the petitioner has worked with the respondents. In view of this fact, the parties have settled the dispute between them. A communication is placed on record W.P. No.3004 OF 1998 : 2 : in which the MSRTC has agreed to reinstate the petitioner alongwith continuity of service without backwages. However, it is willing to do so on condition that it is permitted to impose a lesser punishment of withholding of 3 annual increments permanently in order to deter the petitioner from committing a similar act of misconduct in future. 4. Mr.Karnik, on instructions from the petitioner, who is due to retire on 31.5.2012, accepts this offer of the MSRTC. 5. In view of this understanding between the parties, the petition is disposed of. The order of the Industrial Court is set aside. The order of the Labour Court shall be implemented. The respondents are at liberty to impose a lesser punishment of withholding of 3 annual increments permanently.