M. P. CHANDRAKANTHARAJ, J.

( 1 ) BY consent of Counsel for parties, this petition coming up for orders is taken up for final hearing and disposed of by the following order :

( 2 ) I have heard the learned Counsel for the parties. Rule was issued on 16-9-1986 to consider the short question whether the finding recorded by the 2nd respondent-Presiding Officer, Labour court, Gulbarga on the preliminary issue as to the legality of the domestic enquiry held was correct or not. From the reading of the order of the 2nd respondent- labour Court, it is clear that the Enquiry officer has not been examined in support of the validity of the enquiry held. The holding of enquiry consisted of presenting charge-sheet, receiving explanation and then the Enquiry Officer, without recording the statement of any body either in support of the charge or examining the delinquent workman in the light of the explanation which is stated as admission of the charge, proceeded to recommend his dismissal by virtue of which the workman came to be dismissed leading to the Reference. The relevant portion of the order on preliminary issue reads thus :"this clearly means that he denies the charge as he gives an explana

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