( 1 ) THE respondent No. 3 was dismissed by the petitioner from service on June 9, 1989 with effect from June 16, 1989. By an award dated June 28, 1996, the Tribunal directed the petitioner's reinstatement with full back wages. The award was published on August 7, 1996.

( 2 ) THE writ application which affirmed on March 4 , 1997 was filed on March 5, 1997 for being listed on March 10, 1997. The matter was taken up on July 2, 1997 when the writ petition was adjourned at the instance of both the parties.

( 3 ) THE respondent No. 3 has filed an affidavit in which he had claimed that during this entire period he was employed in a small scale industry of his own in which he has got Rs. 1,000/- per month. He has not disputed that the last pay drawn up was 3,850/ -.

( 4 ) NO affidavit-in-opposition has been filed disputing the facts stated by the respondent No. 3 by the writ petitioner. The only question raised by the petitioner is that the writ application should not be taken as pending for the purpose of 17-B until December 24, 1997 when an interim order staying operation of the award was passed.

( 5 ) IT is argued that the employer could not be prejudiced by reason of