Aloke Chakrabarti, J. - (1.) The employer filed an application in the adjudication proceeding pending before the Labour Court upon a reference of a dispute arising out of termination of the workman concerned in a disciplinary proceeding praying for deciding the additional issue as to whether the domestic enquiry held was valid and proper as a preliminary issue. By the Impugned order, the said prayer was rejected by the Labour Court and challenging the same this writ petition was filed.
(2.) Ms. Bharti Sapru, learned counsel for the petitioner-employer relied on the judgments in the case of M/s. D.C.M. Shriram Industries Ltd. v. State of U. P. and others. 1996 (72) FLR 713 ; Star Paper Mills Ltd., Saharanpw v. Presiding Officer and others, 1987 (55) FLR 634 and Cooper Engineering Ltd, v. P. P. Mundhe, 1975 (31) FLR 188. Reference was also made to the judgment of the Full Bench in the case of M/s. Swarup Vegetable Products Industries Ltd. v. Labour Court IInd, Meerut and others, 1997 (77) FLR 547, for the purpose of distinguishing in the same in view of the law laid down by the Apex Court.
(3.) Mr. Y. K. Sinha, learned counsel for the respondent workman contended that such issue need not be decided as a preliminary issue and employer is required to seek for opportunity to adduce evidence in support of its order. In support of such contention, reference was made to the case of Workman v. M/s. Fire Stone Tyre and Rubber Co. of India (P.) Ltd., AIR 1973 SC 1227 ; Shanker Chakrauarti v. Britania Biscuits Co. Ltd., AIR 1979 SC 1652 ; State Bank of India v. R. K. Jain, AIR 1972 SC 136 ; Rana Pratap Singh v. State of U. P., 1996 (I) Cr LJ 665 and M/s. Swarup Vegetable Producfs Industries Ltd. v. Labour Court IInd, Meerut and others, 1997 (77) FLR 547.;