Rajiv Sahai Endlaw, J.

1. This writ petition impugns the orders dated 27th August, 2002 and 26th May, 2003 of the Industrial Tribunal on an application filed by the petitioner DTC under Section 33(2)(b) of the ID Act. The Industrial Tribunal vide order dated 27th August, 2002 held that no fair, valid and proper inquiry had been held prior to the order of dismissal of the respondent workman from the service of the petitioner DTC. The petitioner DTC opted to prove before the Industrial Tribunal the misconduct on the charge whereof the respondent workman was dismissed. The Industrial Tribunal vide order dated 26th May, 2003, on the basis of the evidence led, held the misconduct to have not been proved before the Industrial Tribunal and resultantly dismissed the application under Section 33(2)(b) of the petitioner DTC.

2. Aggrieved therefrom the present writ petition was preferred. This Court vide order dated 5th May, 2004 while issuing notice to the respondent workman stayed the operation of the order dated 26th May, 2003 of the Industrial Tribunal. The respondent workman applied under Section 17B of the ID Act and which application was allowed vide order dated 18th Octob