WP(C) 6304/2007 BEFORE HON’BLE MR.JUSTICE RANJAN GOGOI Heard Mr.S.N.Sarma, learned Sr. Counsel for the petitioner and Mr. A.Dasgupta, l earned counsel appearing for the Respondents. An order dated 17.9.2007 passed by the learned Central Govt. Industrial Tribunal-cum-Labour Court, Assam in Reference Case No. 5/2005 has been assailed in the writ petition. By the aforesaid order dated 17.9.2007, the learned Tribun al had decided the validity of the domestic enquiry held by the management as a preliminary issue against the management without, however, recording any reasons for the conclusion reached. A reading of the order dated 17.9.2007 would go to show that oral eviden ce was laid by both sides on the preliminary question framed. It is was, therefo re, incumbent on the learned Tribunal below to give its reasons in support of th e decision taken, particularly when the law contemplates that in the event a pre liminary issue is decided against the management, the management would be at lib erty to adduce evidence on merit and would further be at liberty to challenge t he findings recorded on the preliminary issue after the passing of the award. In the above circumstances, the order dated 17.9.2007 is set aside and t he matter remanded to the learned Tribunal for a re-consideration on the basis o f a reasoned order. The writ petition is accordingly disposed of.