K.A. Nayar, J.

1. It is agreed by counsel on both sides that this case is covered by the decision in O.P. 10634 of 1987.

2. Petitioner in this case is the Management who dismissed one of the employee viz. Sri K. Ramakrishnan, Salesman, with effect from September 16, 1982. The dismissal of Shri K. Ramakrishnan was referred by the Government to the Labour Court, Kozhikode for adjudication. The Labour Court numbered the same as I.D. No. 10 of 1985 and tried the validity of the disciplinary enquiry as a preliminary issue. It held that the domestic enquiry conducted by the Management was defective, as no proper charge had been framed by the management against the workman before the dismissal and the charge framed was very vague. Though the Enquiry Officer framed charges and examined witnesses to prove those charges, the Labour Court held that the Enquiry Officer is incompetent to frame charges and hence evidence cannot be relied on. He also found that the details of the second charge were also not given. He, therefore, passed an award holding that the dismissal of the workman is not proper and, therefore, set aside the dismissal order. Hence, the management was directed to reinsta