H.K. Rathod, J.—Heard learned Advocate Mr. H.S. Munshaw for the petitioner and Mr. B.A. Vaishnav, learned Advocate for the respondent.

2. This Court has, by order dated 18.03.2008, suggested to the Transport Service to pay the retirement benefits to the respondent workman considering the workman on duty during the interim period. Transport Service is prepared to accept the suggestion made by this Court but not prepared to pay the back wages for the interim period of about ten years. Learned Advocate Mr. B.A. Vaishnav for the workman is not agreeing to this suggestion because workman has not given consent to forego the back wages for interim period. In view of that, the matter has been taken up for hearing by this Court on merits.

3. Through this petition under Article 227 of the Constitution of India, the petitioner AMTS has challenged the order of the Industrial Tribunal in Approval Application No. 185 of 1997 in Reference (IT) No. 433 of 1992 dated 05.04.2007 wherein the Tribunal has rejected the application for approval filed by the petitioner under Section 33(2)(b) of the Industrial Disputes Act, 1947.

4. Learned Advocate Mr. H.S. Munshaw appearing for the petitioner submi