Heard Mr. K Goswami, learned counsel for the petitioner/management and Mr. A Dasgupta, learned Senior Counsel for the respondent/workman.

This petition under Article 226 of the Constitution of India has been filed by the management for quashing of the award on preliminary issue, passed by the learned Labour Court, Guwahati, on 30.03.2015, in Ref. Case No.1/2010.

By the award on preliminary issue, dated 30.03.2015, the learned Labour Court held that the domestic inquiry conducted by the management against the workman (respondent No.1 herein) was not valid and accordingly, decided to hear the management by adducing of evidence to justify its action of dismissal of the workman.

Basic facts relevant for adjudication of the case may be briefly noted.

Petitioner is the management of a tea estate, called “Pertabghur Tea Estate”. Respondent No.1 was a workman of the petitioner. On 31.05.2003, a show cause notice was issued to him by the management charging him with committing misconduct inasmuch as he had prevented workers of the petitioner from discharging their duties for which verbal and written complaints were lodged by a group of workers before the management. Respondent No