Sheel Nagu, J. - (1.)THIS petition filed by the employer under Article 227 upholding the interlocutory order dated 16.06.2014 passed by the Labour Court no. 2 Gwalior in case no. 71/A/MPIR/05, rejecting an application dated 26.05.2014 moved by the employer praying for a direction that the employee should be asked to admit his past misconduct, failing which, employer be afforded an opportunity to establish by producing evidence, the factum of existence of past misconduct, before considering the question of quantum of penalty.
(2.)THE learned counsel for the petitioner employer is heard on the question of admission.
The factual matrix giving rise to the instant petition is that the employee respondent aggrieved of penalty of removal inflicted by the petitioner employer after conduction of domestic inquiry, assailed the said penalty before the Labour Court u/S. 31, 61 and 62 of M.P. Industrial Relation Act 1960. The said proceedings before the Labour Court are pending till date.

(3.)DURING the course of pendency of the above said proceedings before the Labour Court No. 2, Gwalior, issue no. 1 pertaining to the legality and validity of the domestic inquiry was decided in favour of the petitioner employer by holding that the procedure followed in the domestic inquiry was legal and valid. Consequently, the Labour Court listed the case for hearing on the question of quantum of penalty.