H.K. Rathod, J.—Heard learned advocate Mr. S.J. Shah appearing on behalf of petitioner – Surat Ammonia Supply Company and learned Advocate Mr. M.S. Mansuri appearing on behalf of respondent-workman.

2. In the present petition, petitioner has challenged the order dated 27.04.2007 vide Exh. 50 passed by Labour Court, Baroda, wherein, Labour Court has decided that whatever departmental inquiry conducted against the workman is held to be illegal, unreasonable and improper. The matter was fixed on 18.05.2007 for further evidence of the parties.

3. Learned Advocate Mr. S.J. Shah appearing on behalf of petitioner submitted that respondent, as he has challenged the inquiry conducted by employer, should have to lead first evidence before the Labour Court for proving the fact that inquiry is illegal. He also submitted that respondent workman has not led any oral evidence, but, he gave closing purshis that he does not want to lead oral evidence in respect to the question of departmental inquiry and he relied upon the documents produced by petitioner. Therefore, he submitted that Labour Court has committed gross error in coming to conclusion that it was a burden upon the employer to lead