( 1 ) ). Rule. Mr. Rajesh Dave, learned Advocate for the opponentoriginal petitioner waives service of Rule. By consent of learned Advocates for the parties, Rule is heard to-day.

( 2 ) ). The present Application, at the instance of the workman-original respondent in the aforesaid petition has been filed for vacating the ad-interim order dated 29-3-1994 passed by this Court and/or for effecting the payment as envisaged under Sec. 17-B of the Industrial Disputes Act, 1947 (hereinafter referred to as the said Act ). The employer has challenged the order of the Industrial Tribunal, ahmedabad, in Approval Application No. (IT) No. 5/93 in Reference (IT) No. 310 of 1986, dated 29-12-1993, whereby the approval for the dismissal of the services of the applicant-workman has been refused by the Tribunal.

( 3 ) ). The attention of this Court has been drawn to a decision of the Division bench of Calcutta High Court in the case of Samser Ali (SK) v. Keshoram Industries and Cotton Mills Ltd. and Anr. , 1988 (I) LLJ 1, wherein it has been held that the application under Sec. 17-B of the I. D. Act is maintainable where the challenge is pending before the High Court against the orde