Rekha Palli, J. - (1.) Vide the present petition, the petitioner impugns the order dated 04.07.2017 passed by the learned Labour Court in O.P. No.06/2017, whereunder the learned Labour Court has while framing the issues after completion of the pleadings in the petitioner's application u/s 33(1)(b) of the Industrial Disputes Act, 1947 (hereinafter referred to as Act), refused to frame any issue regarding the validity and legality of the domestic inquiry stated to have been conducted by the petitioner. The learned Labour Court has straightaway framed issues regarding the alleged misconduct of the respondent and as to whether the petitioner was entitled to get permission for dismissal/discharge of the respondent.
(2.) The brief facts as emerge from the record are that the respondent who had joined the services of the petitioner/organization from 19.04.2012, raised an industrial dispute on the ground that he had been illegally terminated, upon which a reference was made on 08.04.2015 before the learned Labour Court XIX by way of LIR No.5609/2016. It may be noted that per contra, the stand of the petitioner was that the respondent had abandoned his services.
(3.) During the pendency of the aforesaid reference, in the light of the subsequent disciplinary action taken against the respondent, the petitioner moved an application u/s 33(1)(b) of the Act seeking the permission of the Court to discharge the respondent, which was registered as O.P. No.06/2017. In the said application, the petitioner took a categorical plea that a valid domestic inquiry had been held against the respondent. However, despite the petitioner's aforesaid plea, the learned Labour Court vide its order dated 04.07.2017 straightaway framed issues regarding the alleged misconduct of the respondent and did not frame any issue regarding the validity and legality of the inquiry stated to have been held against him.;