H. K. RATHOD, J. Heard learned Senior Advocate Mr. Kamal Trivedi for M/s. Trivedi & Gupta on behalf of petitioners and learned Advocate Mr. Rajesh P. Mankad for respondent No.2.

2. In present petition, the petitioner has challenged interim order passed by Industrial Tribunal, Baroda in Reference (LT.). No. 130 of 2004, Exh.23, dated 21-7-2009. The Industrial Tribunal, Baroda has declared departmental inquiry invalid and illegal. The Industrial Tribunal, Baroda has given permission/opportunity to petitioner as per averments made in reply to lead oral evidence for proving the charges against respondent No. 2 before Industrial Tribunal, Baroda. Thereafter, matter has been adjourned on 1-9-2009.

3. Initially, this Court on 1-10-2009 issued notice for final disposal making it returnable on 9-11-2009, and meanwhile, status-quo with regard to proceedings in respect of Reference (I. T.) No. 130 of 2004 directed to be maintained till returnable date which has been subsequently extended by this Court.

4. On behalf of respondent No.2, affidavit-in-rep1y is filed on 5-112009, against which rejoinder is also filed by petitioner.

5. Mr. Kamal Trivedi, learned Senior Advocate for the petitio