( 1 ) HEARD the learned advocates for the respective parties.

( 2 ) THE petitioner before this court is an Industry manufacturing Engineering goods, and challenges the judgment and order dated 17/04/1999, passed by the learned Special Labour Judge, Ahmedabad, on Applications Exs. 40 and 7, made on Complaint Nos. 2/97 and 23/97 in Reference (LCIDAT) No. 74/97. The respondents are the concerned workmen.

( 3 ) IT appears that pending the Reference No. LCIDAT No. 74/97 made in respect of the demands of the workmen for the alleged acts of misconduct committed by the respondents herein (hereinafter referred to as the workmen), they were suspended from service under the orders dated 8th June 1996 and 10th April 1996 respectively. After holding the due inquiry, under the orders dated 1 8/02/1997, the workmen were dismissed from service. Feeling aggrieved, the workmen made above referred Complaints Nos. 3/97 and 23/97 under section 33-A of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act ). Under Applications Exs. 40 and 7, both the workmen raised a preliminary issue in respect of the validity of the disciplinary action held against them. The said prelim