( 1 ) IN this petition under Articles 226 and 227 of the Constitution of India, the petitioner Miranda Tools, a Division of Nicholas Piramal India Ltd. (hereinafter referred to as the Management for convenience) has challenged the legality and validity of the order dtd. 14th May, 2004 passed by the Labour Court, Bharuch below Application Ex. 11 in Reference (LCB) No. 211 of 2000 by which the Labour Court has directed the management to lead evidence at the first instance to prove the departmental inquiry and the documentary evidences with regard to the departmental inquiry produced vide List at Ex. 13 and thereafter, the respondent workman has to give oral evidence.

( 2 ) IT appears from the record that the respondent herein (hereinafter referred to as the workman for convenience) was serving as an Operator. By order dgtd. 29th April, 2000, he was dismissed from service by the management. The workman raised an industrial dispute challenging the said order of dismissal which was referred to the Labour Court, Bharuch for its adjudication being Reference (LCB) No. 211 of 2000. It also appears from the record that the workman submitted Statement of Claim and the case of th