Siri Jagan, J.

Management in I.D.No.16/2000 on the files of the Labour Court, Kollam, the preliminary order in which was under challenge in the writ petition at their instance, is the appellant herein, the learned Single Judge having dismissed the writ petition. The facts necessary for the disposal of the writ appeal are as under.

2. The Government referred the following issue for adjudication of the Labour Court”

“Whether the dismissal of M.C. Jacob and P.M. Jacob, X-ray Technicians is illegal?”

The said workmen were dismissed after conducting a domestic enquiry. Therefore, the Labour Court considered the question as to whether the enquiry is valid or liable to be set aside. The Labour Court found that on an overall consideration of the entire facts and circumstances and the evidence of the enquiry officer, the enquiry is liable to be set aside. The learned Single Judge did not decide the question on merits but relying on certain judgment so the Supreme Court, held that the impugned order being only a preliminary order, the petitioner should challenge the same while challenging the ultimate award to the passed in the I.D. at the appropriate stage and therefore reserving su