JUDGMENT The petitioner M.P.S.R.T.C. Corporation by this petition under Articles 226 and 227 of the Constitution of India assails the impugned award (Annexure-D) of the Labour Court, as confirmed by the Industrial Court vide order dated 6.1.1983 (Annexure- F), which directs re-instatement of the conductor-respondent No.1 Awadh Bihari Tiwari in the services of the Corporation, but without payment of back wages. The learned counsel appearing for the petitioner-Corporation invited the attention of this Court to the observations made by a Division Bench in paragraphs 7 and 8 in the case of Devkinandan Tiwari v. The State Industrial Court, Madhya Pradesh [ 1990 (1) MPWN 221 = 1990 MPLJ 653 ]. The learned counsel submits that the Division Bench in the case of Devkinandan Tiwari (supra) has taken into consideration the tendency that has developed in the conductors of the Corporation in permitting passengers to travel without ticket and postpone issuance of tickets till the end of the journey. This practice has to be curbed. We fully concur with the observations made by the Division Bench in the aforesaid case. In the instant case, however, the order of re-instatement was passed as back on 27.2.1980 and it has not been stated by the Corporation that thereafter there has been any instance of misconduct on the part of the conductor-respondent. The two Courts have denied payment of back wages to the conductor which according to us was the punishment proportionate to the misconduct alleged and said to have been proved against the conductor. For the aforesaid reasons, we do not find this to be a fit case for interference by us in our discretionary jurisdiction under Articles 226 and 227 of the Constitution. Consequently, this· petition stands dismissed, but without any order as to costs. Security amount, if deposited, be refunded to the petitioner.