JUDGMENT

VARADARAJAN, J.:—This civil appeal by special leave is directed against the judgment delivered by the Division Bench of the Punjab and Haryana High Court on 11-1-1982 dismissing in limine Writ Petition No. 26 of 1982 which had been filed by the appellant Ved Prakash Gupta. The appellant was an employee of the first respondent M/s. Dolton Cable India (P) Ltd., Faridabad, Haryana. He was given a charge-sheet by the management on 5-8 79 and dismissed from service on 13-9-1979 after having been found guilty of the charge in the domestic enquiry conducted by the Enquiry Officer who has been examined as one of the witnesses on the side of the management before the Labour Court at a later stage. There was a reference of dispute arising out of the dismissal of the appellent to the Labour Court, Faridabad in Reference No. 143 of 1980 under Section 10 (i) (c) of the Industrial Disputes Act. hereinafter referred to as the Act. The Labour Court framed the following issues:

(i) Whether the claimant Shri Ved Prakash Gupta was in the position of a workman under the Industrial Disputes Act? If so, to what effect?

(ii) Whether the reference is bad in law in view of the objections raised in t