ORDER :

1. This petition is filed under Articles 226 and 227 of the Constitution of India in which the petitioner has challenged the orders dated 2.2.2017 and 5.10.2017 passed by the Labour Court, Anand in Reference (LC) No.92 of 2000.

2. Heard learned senior advocate Mr.K.M.Patel assisted by learned advocate Mr.Varun Patel for the petitioner and learned advocate Mr.Girish Das for the respondent.

3. Learned senior advocate Mr.Patel has mainly submitted that the Reference (LC) No.92 of 2000 is pending before Labour Court, Anand. During the pendency of the said reference, the respondent filed application under Section 11(A) at Exh.14 on 9.1.2004 claiming that the punishment of dismissal inflicted upon the workman is disproportionate to the misconduct. Therefore, under this application, the respondent-workman admits the validity and legality of the departmental inquiry but challenges the degree of punishment. However, thereafter, application Exh.15 came to be filed by the respondent on 9.1.2004 wherein the respondent challenges the validity and legality of the departmental inquiry. The respondent also filed additional statement of claim Exh.16 and the petitioner company filed additional