( 1 )

( 2 ) WITH the consent of the parties, the writ petition is taken up today for final hearing.

( 3 ) THIS writ petition seeks a direction to the respondent No. 1 DTC in prayer (b) to reinstate the petitioner with continuity of service in view of the Order of the Industrial Tribunal dated 4th May, 2001 which declined the application made by the respondent No. 1 under Section 33 (2) (b) of the Industrial Disputes Act, 1947 (hereinafter referred to as `the Act ).

( 4 ) IT is not in dispute that the said Order dated 4th May, 2001 has not been challenged by the respondent No. 1/dtc. The only defence taken by the DTC in the present writ petition is that subsequent dismissal was challenged by the petitioner by raising an industrial dispute and the matter is still pending before the Industrial Tribunal. In my view this is no ground to deny reinstatement to the petitioner. In fact the industrial dispute raised subsequently by the petitioner has really become infructous as the dismissal of the application under Section 33 (2) (b) of the Act has not been challenged by the DTC.

( 5 ) LEARNED counsel for the petitioner has relied upon the judgment of the Hon ble Supreme Court