S.K. Singh, J. - (1.) By means of this writ petition, the petitioner has challenged the decision which has been given by the Labour Court by its order dated 5.10.85 in Reference No. 41 of 1984.
(2.) Respondent No. 2 was working as Chaukidar in the petitioner's factory, who was charge-sheeted for his gross negligence on account of which theft has taken place. After serving the charge-sheet and thereafter supplementary charge-sheet, domestic enquiry proceeded and respondent No. 2 has been found to be guilty in respect to the charges levelled against him.
(3.) Thereafter a dispute having been raised, a reference was made dispensed with which came before respondent No. 1. In reference proceedings, it appears that besides the main issue, four additional issues were framed out of which one issue related to the aspect that whether the domestic enquiry as has been carried out was in accordance with the averment as has been stated in paragraph 4 of the pleadings set forth by the petitioner and paragraph 6 of the reply as has been given by respondent No. 2. This issue appears to have been decided as a preliminary issue.;