H.K. Rathod, J.—Rule. Service of rule is waived by learned Advocate Mr. H.C. Raval on behalf of the respondent. In the facts and circumstances of the case and with consent of both the learned Advocates, matter is taken up for final hearing today.

2. Heard learned Advocate Mrs. Sangeeta N. Pahwa for M/s. Thakkar Associates for the petitioner and Mr. Hardik C. Raval, learned Advocate for the respondent.

3. Through this petition, the petitioner Rajkot Peoples’ Co-operative Bank Ltd. has challenged the order of the Industrial Court, Gujarat in revision application (1C) No. 7 of 2007 dated 16.02.2008. Revision Application was filed by the respondent against the order passed by the Labour Court in BIR Application No. 5 of 2004 vide Exhibit 22 wherein the Labour Court has come to the conclusion that the departmental inquiry conducted against the workman is legal and valid. Revision application filed against the said order below Exhibit 22 in BIR Application No. 5 of 2004 was challenged by filing revision application which was allowed by the revisional Court by setting aside the order below Exhibit 22 by the Labour Court Rajkot and it was held that the departmental inquiry conducted