1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. The Petitioner/Employee is aggrieved by the part-1 judgment of the Labour Court dated 26.06.2015 in Reference (IDA) No.3/2008 by which it was concluded that the enquiry conducted against the Petitioner/workman is fair and proper and the findings of the Enquiry Officer are not perverse.

3. When this matter was heard by this Court initially on 15.02.2016, both the learned Advocates stated that they have no objection if this Court hears this matter. The same has been recorded in the order dated 15.02.2016.

4. I have heard the learned Advocates for the respective sides at length on 12.01.2017, 13.01.2017, 16.01.2017 and today.

5. Having considered the submissions of the learned Advocates and having gone through the record with their assistance, the undisputed factors are as follows:-

(a) Reference (IDA) No.3/2008 is pending before the learned Labour Court in the light of the dismissal of the Petitioner/Workman.

(b) The Petitioner has assailed the enquiry as well as the findings of the Enquiry Officer and the Labour Court, therefore, framed the following two issues:-

(i) Whether, the Second Pa