Judgment

1. The Court: This is an application for stay of operation of the order dated 9th November, 1994 passed by the learned trial Judge in C.O.No. 4740 (W) of 1994 staying the order dated 31st May, 1993 passed by the Industrial Tribunal. By the said order the tribunal decided the preliminary issue and held that the domestic enquiry held in this case by the management was fair and proper and that the same was not perverse. By that order the tribunal fixed 18th June, 1993 for hearing of the case on merit and the workman was directed to lead evidence first.

2. The issue pending before the tribunal was whether the dismissal of the employee was valid or not. Against the said order passed by the Industrial Tribunal on 31st May 1993 the respondent workman filed a writ application on 9th November, 1994 i.e. after lapse of 18 months keeping the hands of the tribunal tied.

3. Mr. Partha Sarathi Sengupta, learned Advocate appearing on behalf of the appellant submitted before us that in view of the determination made by the Supreme Court of India in the case of The Cooper Engineering Ltd. vs. P.P. Mundhe reported in F.L.R. 1975 (31), page 188 as well as the Division Bench Judgment o