H. K. RATHOD, J. Heard learned Advocate Mr. K. D. Gandhi for M/s. Nanavati Associates for petitioner-Bombay Mercantile Co-operative Bank Limited.

2. By filing this petition under Art. 227 of Constitution of India, petitioner has challenged order passed by Industrial Tribunal, Ahmedabad in Reference (I.T.C.) No. 18 of 1995 (Old Number) and 1618 of 2008 (New Number) Exh. 48 dated 16th January, 2010. Industrial Tribunal (Central) has dismissed application Exh. 48 submitted by petitioner-Bank and has fixed further hearing of said Reference on 1st February, 2010. During the course of hearing, prayer was made by learned Advocate for petitioner to amend prayer and has prayed for permitting petitioner for praying to stay proceedings of said Reference and order Exh. 48 both. Such prayer is granted. Petitioner is directed to amend accordingly.

3. Learned Advocate Mr. Gandhi for petitioner raised contention before this Court that before Industrial Tribunal (Central), application was made by petitioner-Bank on 19-9-2008 raising preliminary contention vide Exh. 48 that in view of the recent decision of Apex Court in the matter of Bharat Co-operative Bank Mumbai Ltd. v. Co-operative Bank E