Heard the learned counsel for the petitioner, the respondent and perused the records.

2. The petitioner West Coast Paper Mills limited has called in question the order passed by the Labour Court on a preliminary issue with regard to the validity and legality of the disciplinary enquiry held by the petitioner against the respondent.

3. As could be seen from the orders passed by the Labour Court, a ground has been taken up before the Labour Court that, the domestic enquiry held against the respondent as not fair and proper. The Labour Court has answered the said point in the negative holding that, the domestic enquiry held against the respondent was not fair and proper, therefore the enquiry was set aside and consequently permitted the parties to lead their evidence before the Labour Court afresh in order to prove the alleged misconduct of the respondent. Only ground that has been relied upon by the Labour Court in order to come to such conclusion is that, a private person ‘an Advocate’ has been appointed as an enquiry officer who conducted the enquiry, submitted his report to the disciplinary authority and the enquiry conducted by a private person is not permitted under the reg