( 1 ) CIVIL Application came up for orders for relief in terms of Sec. 17b of the Industrial Disputes Act. As the matter relates to reinstatement and payment of wages, main petition, i. e. , Spl. Civil Application No. 9739 of 1993 itself is heard on merits today.

( 2 ) THE short issue raised in this case is whether discretion exercised by the labour Court in substituting lesser penalty for dismissal imposed upon by the employer-petitioner can be sustained.

( 3 ) RESPONDENT workmen Chanduji Sendhaji Khant was dismissed from services on the charge that at the time of inspection, he was found to have carried passengers in the bus without issuing tickets. Punishment was imposed after holding inquiry into alleged misconduct. On the complaint having been lodged under Sec. 33a of the Industrial Disputes Act, 1947 on the ground that the order of punishment has been passed in violation of Sec. 33 of the Act, the matter was adjudicated as if industrial dispute has been referred to the Industrial Tribunal. The Tribunal finding that misconduct has been proved, it also found that as per material before the Tribunal about the conduct of employee, there are series of record of pas