G.Sohani, J.

1. This Letters Patent Appeal is directed against the judgment dated the 27th January, 1989, passed by a learned single judge of this Court in C.W.J.C. No. 1542 of 1986(R).

2. The material facts giving rise to this appeal, briefly, are as follows :-

Respondent No. 2 was employed as an auto-electrician by the appellant. In a domestic enquiry held against respondent No. 2 for misconduct he was found guilty of the charges levelled against him and was, accordingly, dismissed from service. Aggrieved by the order of dismissal, respondent No. 2 raised an industrial dispute, which was referred by the State of Bihar to the Presiding Officer, Labour Court, Ranchi, for adjudication under Sec. 10 of the Industrial Disputes Act, 1947 , (hereinafter referred to as the Act). In the written statement filed by respondent No. 2 before the Labour Court he averred that the enquiry officer was prejudiced against him and that the enquiry was not fair and proper, inasmuch as after the management and respondent No. 2 had adduced evidence and closed their case, the management was permitted to examine one more witness without giving an opportunity to respondent No. 2 to rebut that evide