V. G. PALSHIKAR, J.

( 1 ) BEING aggrieved by an order passed by the learned single Judge of this Court on 18-8-2004 the appellant has preferred this appeal under clause 15 of the Letters Patent Appeal of this High court of Judicature at Bombay. Facts giving rise to this appeal stated briefly are as under :-

( 2 ) THE National Textile Corporation was the employer and the present respondent was the employee who was at the relevant time during the relevant period employed with Gold mohur Mills Limited which has been taken over by National Textile Corporation. After take over the Corporation therefore became the employer. During this employment the employee was charge-sheeted by the employer for certain alleged misconduct. The misconduct was held proved and the services of the appellant were terminated on 23-9-1980. Since the petitioner was not reinstated he filed an application under section 78 of the Bombay industrial Relation Act, 1946 contending that the enquiry held against the employee was illegal. The Labour Court on consideration of the material on record allowed the application of the petitioner holding that the punishment of dismissal was shockingly disproportionate to