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Learned counsel for the respondent/s, on the other hand submits that if the enquiry is held to be fair and proper while hearing application under Section 33(2)(b) of the Act of 1947, it is not binding on the labour Court on reference of dispute. The issue can be heard again to find out as to whether enquiry was fair and proper. A reference of judgement of Division Bench of this Court in the case of Prabhu Lal Suwalaka Vs. The Judge, Industrial Tribunal, Jaipur & Anr. in DB Civil Special Appeal (W) NO.55/1999 has been given wherein similar controversy was decided. A further reference of judgement of Andhra Pradesh High Court in the case of Management of Bharat Heavy Electricals Ltd., Hyderabad Vs. Labour Court II, Hyderabad & Anr. reported in 2005-II-LLJ 109 is given wherein it was held that in successive proceedings under Section 10 of the Act of 1947, the issue of fairness of enquiry can be re-examined. Further, reliance has been made on the judgement of Delhi High Court in the case of Surinder Pal Vs. Management of Delhi Transport Corporation reported in 2008 (119) FLR 551 and in the case of M/s. Echjay Industries (P) Ltd. Vs. Shri Mahavirsinh Shivubha & Ors. reported in 1994-II LLJ 1234 and lastly, the judgement of this High Court in the case of Amar Singh & Ors. Vs. Judge, Labour Court, Bharatpur reported in 1997 WLC (UC) 79. It is accordingly, prayed that impugned order holding enquiry to be unfair may be maintained.