Judgment

Santosh Hegde, J.—This appeal is preferred against an order dated 23.8.2002 passed by the Division Bench of the High Court of Judicature at Bombay dismissing an appeal filed by the Management against an order of the learned Single Judge who in turn had confirmed the award of the labour court which while upholding the finding of the domestic inquiry that the respondent workman herein had committed the misconduct charged against him ­interfered with the quantum of punishment awarded to him still chose to alter the punishment of dismissal of one of reinstatement with continuity of service and 2/3rd back wages w.e.f. 5.3.1993.

2. The basic facts necessary for the disposal of this appeal are as follows:

It is stated by the appellant-Management that the respondent-workman was initially appointed by it on temporary basis from May, 1978 and was made permanent on 9.8.1981 and was designated as a fitter in the Chassis Assembly Department of the appellant industry. With reference to an incident which took place on 7.11.1991 wherein it is alleged that the respondent - workman used abusive and filthy language against his supervisor, an inquiry was instituted against the said workman and t