( 1 ) WHILE addressing the Court on the question of grant of stay both the learned counsel for the parties had addressed the Court on the merit of the appeal itself.

( 2 ) AFTER having heard the learned counsel for the parties, we are of the view that any order passed on the stay application would virtually affect the merit of the appeal and no purpose will be served by keeping the appeal pending.

( 3 ) IN the circumstances, the appeal is treated as on day's list for hearing by consent of the parties and the same is being disposed of along with the application for stay as hereafter.

( 4 ) AFTER having heard the learned counsel for the parties, it appears that by its order dated september 13, 2004 passed in W. P. No. 13633 (W) of 2003, the learned single Judge was pleased to direct the Conciliation Officer to submit his report within two months. But the learned counsel for the appellant points out from the expression used in the order that there are some ambiguities tending to create certain confusion. He points out that the Conciliation officer can neither make reference to the industrial Tribunal nor the Industrial Tribunal can assume jur