JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. The present petitions have been filed impugning and seeking to set aside the Order dated 23rd December, 2019, passed by the learned Presiding Officer, Labour Court, New Delhi, vide which, the learned Labour Court, while deciding on the preliminary issue of legality and validity of the domestic inquiry conducted with respect to the workmen herein, held the same to be in violation of principles of natural justice and set aside the same.

2. Briefly stated the facts as alleged in the petition are that the respondent workmen herein participated in a dharna organized by their trade union. As a result, management issued a show cause notice to the workmen, including the respondents herein, who participated in the dharna. Domestic inquiry was conducted, whereby the penalty of dismissal from services, was imposed on the workmen. Respondent workmen challenged the said domestic inquiry and the consequent dismissal order by filing proceedings under section 10 (4), Industrial Disputes Act, 1947, before the learned Labour Court, and the following reference was framed to be adjudicated and determined:

"Whether there was a fair and proper enquiry in accord