SAMARESH BANERJEE, J.

( 1 ) COMMON questions of law and fact being involved in both the writ petitions the same have been heard analogously and will be governed by the same judgment.

( 2 ) IN each of the writ petitions the petitioner has challenged the impugned order passed by the Tribunal directing that the workman will have to adduce evidence first to discharge the initial onus relating to validity or invalidity of the domestic enquiry.

( 3 ) IN each of such cases on reference of the industrial dispute to the Tribunal, the Tribunal was required to decide as a preliminary point as to the validity of domestic enquiry which was challenged by the workman.

( 4 ) IT is not disputed that in such a situation all along the Industrial Tribunal directed the employer to adduce his evidence first for the purpose of establishing that the domestic enquiry held against the workman was valid and proper.

( 5 ) BUT in the instant case on the application of the employer before the Tribunal, in view of the judgment rendered by the Hon'ble Mr. Justice G. R. BHATTACHARYA where His Lordship has held that in such a situation it is for the workman to adduce his evidence first, the Tribunal has passed

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