1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.308 OF 1997 Subhash Motichand Shah ..Petitioner. Vs. The Municipal Corporation of Greater Bombay and another ..Respondents. ..... Mr. N.M. Ganguli for the Petitioner. Mr. S.K. Talsania, Senior Advocate with Mr. D.G. Dhanure with Mr. Mayur Shetty i/b M/s. M.V. Kini & Co. for the Respondents. ..... CORAM: DR. D.Y. CHANDRACHUD, J. 31st March, 2008. P.C. : The proceedings under Article 226 of the Constitution arise out of an arbitral award under the Bombay Industrial Relations Act, 1946 in pursuance of an arbitration agreement dated 17th August, 1995 under Section 66. The employee in question was a fitter who was allotted the work of “water pump change, knuckle arm change, gear box top cover packing”. It appears that there was a medical certificate valid until 2nd March, 1994 under which the employee was to be allotted light work. The employee was, as a matter of fact, given light work and a cleaner and 2 assistant were allotted to him. On 3rd March, 1994 the workman had an altercation with his superior and the altercation went on for almost 40-45 minutes with the workman remonstrating on the nature of the work and the difference between a light job and heavy job. The time of the superior was wasted. The Arbitrator has considered the material evidence on the record and has come to the conclusion that there was a breach of Standing Order 20(i) which deals with insolent or indecent behaviour or any act subversive of discipline on the premises of the Undertaking or at the place of employment or in the performance of the duties of Undertaking. The workman was awarded a penalty of five days suspension. In the exercise of the writ jurisdiction under Articles 226 and 227, this Court would not be justified in reappreciating the findings of fact which have been arrived at by the Arbitrator or substitute its own conclusion. There is a pure finding of fact in regard to the incident which took place. The punishment which has been imposed cannot be regarded as disproportionate or arbitrary. 3 There is no merit in the Petition. The Petition is dismissed. The rule stands discharged.