THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 7723 OF 2002 ORDER: The petitioner is aggrieved by the award dated 28.12.2001 in I.D.No.33 of 2001 passed by the Labour Court vide which the I.D. was partly allowed and the order of removal of the petitioner from service was set aside. The Labour Court further ordered to conduct a fresh enquiry against the petitioner. Learned counsel for the petitioner submits that the petitioner is aggrieved by the award of the Labour Court as far as ordering fresh enquiry. A perusal of the award shows that the charge sheet issued to the petitioner was returned with an endorsement that ‘addressee out of station, door locked’ and therefore, the same was exhibited on the notice board on 18.03.1998. The petitioner has participated in the enquiry without submitting any explanation to the charge sheet. The Labour Court after going through the entire material partly allowed the I.D. and set aside the order of removal of the petitioner from service and ordered fresh enquiry since the denova enquiry ordered by the Depot Manager vide letter dated 14.10.1998 was not conducted and also keeping in view the fact that the petitioner never submitted any explanation to the charge sheet. Therefore, I find no illegality in the order of the Labour Court in ordering fresh enquiry against the petitioner. The writ petition is accordingly dismissed. However, the respondents are directed to conclude the enquiry within three months from the date of receipt of a certified copy of this order. The petitioner is at liberty to claim subsistence allowance by filing an appropriate application before the competent authority. No costs. ______________________ ASHUTOSH MOHUNTA, J Date: 20-09-2011. Note: CC within three days. b.o. lvl THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 7723 OF 2002 Dt. 20.09.2011