By this appeal, the appellant challenges the order made by the learned Single Judge of this Court in Writ Petition No. 1861 of 2008 dated 23.9.2008. That petition was filed by the appellant challenging Part I of the Award made by the Labour Court. By that Award the Labour Court has held that the departmental inquiry held against the respondent was not valid and proper. The learned Single Judge, from the order impugned it appears that, dismissed the petition relying on the observation of the Supreme Court in its judgment in the case The Cooper Engineering Limited v. Shri P. P. Mundhe, (1975) 2 Supreme Court Cases 661. Without going into the merit of the finding recorded by the Labour Court in Part I of the Award, the learned Counsel appearing for appellant submits that the learned Single Judge while declining to entertain the petition, has not considered the problems that were pointed out by the petitioner, in leading evidence before the Labour Court because the incident is about 20 years old and according to the petitioner the whereabouts of the witnesses are not known.

We have heard the learned Counsel appearing for Union of India. In our opinion, before declining to entertai