Short Note : 1. By the petition under Articles 226 and 227 of the Constitution petitioner the Heavy Electricals (India) Ltd., Bhopal prayed for an issue of a writ of certiorari for purposes of quashing the order of the Industrial Court. Respondent No. 3 Abdul Aziz Siddiqui was in the service of the petitioner working as a truck driver. He was charge-sheeted for misconduct. In the domestic enquiry the charge was found proved against the respondent No. 3 and in consequence thereof he was removed from service. Abdul Aziz Siddiqui filed a case in the Labour Court challenging the order passed in the domestic enquiry. The Labour Court dismissed the application. The Industrial Court allowed the revision and the domestic enquiry was quashed. The said Court remanded the case to Labour Court for a denovo enquiry and fresh decision according to law in the light of the observations made in its order. In addition, the Industrial Court also quashed the dismissal order of the respondent No. 3. Held : The learned counsel appearing for the petitioner company confined his submission to the jurisdictional error committed by the Industrial Court in setting aside the order of dismissal. According to him even when the enquiry is held to be defective, the order of termination cannot be set aside straightway. Such an order can only be made after the employer leads evidence before the Labour Court to justify the action and that Court on consideration of such evidence, finds the order as unjustified. In the opinion of this Court, the contention of the learned counsel has force. In the present case the Industrial Court clearly acted beyond its jurisdiction in setting aside the dismissal order while remanding the case to the labour Court for fresh enquiry after holding the domestic enquiry as defective. As such to that extent the order of that Court is certainly liable to be quashed. Workmen of F.T. & R. & Co. v. The Management, AIR 1973 SC 1227 relied on. Petition partly allowed.