JUDGMENT :

S.J. Mukhopadhaya, J.

Writ petition, Special Civil Application No.1060 of 2009 was preferred by the management of Ahmedabad Municipal Transport Service against the order of Industrial Tribunal in Approval Application (IT) No.691 of 2004 dated 11.12.2008 whereby the application for seeking approval of action of terminating the services of the workman, the appellant herein, was not granted. The learned Single Judge admitted the petition and stayed the operation of the order of the Tribunal. The workman thereafter preferred Civil Application No.2942 of 2009 under Section 17B of the Industrial Disputes Act, 1947 praying therein to direct the management-employer to comply with the provisions of Section 17B of the Industrial Disputes Act, 1947, or, in the alternative, employer be directed to reinstate the applicant-workman, in the interest of justice. The learned Single Judge by order dated 23.4.2009 having rejected the application giving rise to the present appeal.

2. When this appeal was taken up by a Division Bench of this Court, the Division Bench noticed the fact that the learned Single Judge while rejecting the application, relied upon a Division Bench decision of this Cour