(1) LEAVE granted.

(2) THIS is an appeal preferred by the Management of Senapathy Whiteley Ltd. against the judgment of the Division Bench of the High Court of Karnataka in Writ Appeal No. 3959 of 1997 dated September 29, 1997 confirming the judgment of the learned Single Judge in Writ Petition No. 21766 of 1990 dated June 17, 1997. The learned Single Judge by his judgment refused to interfere with the award of the Labour Court dated June 22, 1990 in Reference No. 59 of 1986 passed by the Presiding Officer, Additional Labour Court, Bangalore.

(3) THE brief facts of the case are as follows: the respondent workman was appointed by the appellant as Technician on June 1, 1983. On a charge of unauthorised absence without leave, the Management conducted a domestic enquiry in which the workman did not participate and remained ex parte. Consequently, the Management passed an order of dismissal on May 22, 1985. The Labour Court finally passed its award on June 22, 1990 and while holding that there was unauthorised absence on the part of the workman, the Labour Court considered that punishment of dismissal was disproportionate to the misconduct involved and therefore