( 1 ) IN this petition, challenge has been made by the petitioner to the order dated 21st August 1997 of the Labour Court, Vadodara, Annexure a, made in Reference (L. C. V.) No. 366 of 1986, under which the domestic enquiry held on the charges framed against the respondent-workman was held to be illegal.

( 2 ) THE facts of the case, in brief, are that the respondent-workman was given charge-sheet-cum-suspension pending enquiry vide memo dated 9-1-1986. After holding enquiry, under the order dated 1-2-1986 the petitioner ordered for dismissal of the respondent-workman. The petitioner filed an application under S. 33 (2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the act 1947), before the Industrial Tribunal, for getting approval of dismissal of the respondent-workman from the services and the same has been granted on 20th October 1986. The respondent-workman raised an industrial dispute in the matter of his dismissal from services by the petitioner and that dispute has been referred by the State Government for adjudication to the Labour Court at Vadodara, where it was registered as reference (L. C. V.) No. 366 of 1986. The respondent-workman ha