Prakash Krishna, J. - (1.) HEARD Sri Vinod Sinha, learned Counsel for the petitioner and Sri Ramesh Chandra, learned standing counsel for the respondent No. 2.
(2.) THE petitioner is engaged in the manufacture of crystal sugar through vacuum pan process and for that purposes it engages various categories of workers whose service conditions, according to it, are governed by the standing orders. The respondent No. 1, one of the employees of the petitioner, was served with a charge sheet on the ground of misconduct committed by him. In the domestic inquiry, after taking into consideration the version of the respondent No. 1, the charges against him were found proved. Consequently, he was dismissed by the order dated 9th of June, 2003. An industrial dispute was raised by the respondent No. 1 and the State Government exercising its power under Section 4 -K of the U.P. Industrial Disputes Act referred the matter regarding the validity of the termination order of the respondent No. 1 to the Labour Court. It is registered as Adjudication Case No. 7/2006. The matter is still pending before the Labour Court, Rampur.
(3.) AN application was filed by the petitioner with a prayer to frame a preliminary issue -Whether the inquiry conducted was fair and proper? If not, its effect.;