(1) LEAVE granted.

(2) THE appeal is directed against the order of a Division Bench of the High Court of Andhra Pradesh. It was made on a writ petition filed by the first respondent workman against the award of the Industrial Tribunal- cum-Labour Court, Hyderabad, which had confirmed the order of removal of service of the first respondent from the employment of the appellant. The High Court said:

"We have perused the award passed by the Labour Court. The punishment imposed against the petitioner workman is not proportionate to the charges levelled against him. Moreover, the charges levelled against the petitioner workman are not serious in nature. Instead of removing the petitioner from service as per the orders of the disciplinary authority, the Labour Court should have modified the order to that of reinstatement ofthe petitioner without continuity of service and without back wages (appointment afresh)."

(3) THE High Court found no fault with the finding that the charges had been proved. It found that the charges were not serious in nature and the punishment that was imposed was disproportionate.

(4) WE do not agree with the High Court. The cha