JUDGMENT :

H.K. Rathod, J.

Heard Learned Advocate Mr. Hardik C. Rawal Appearing On Behalf Of Petitioner.

2. In the present petition, petitioner Corporation has challenged the order passed by Industrial Tribunal, Ahmedabad in Approval Application No.720 of 2004 in Reference (IT) No.37 of 2000 dated 10th January 2008. The Industrial Tribunal, Ahmedabad has not granted approval of dismissal order dated 30th October 2004 of approval application under Section 33(2)(b) of the Industrial Disputes Act, 1947.

3. Learned advocate Mr. Rawal appearing on behalf of petitioner submitted that workman was serving as driver and because of his negligent driving, a cyclist was crushed under vehicles of ST bus driven by him on 2nd November 1989. A charge - sheet was issued on 12th April 1990 and departmental inquiry held in accordance with rules. The second show cause notice was issued on 7th May 1991 which was challenged by filing Special Civil Application No.3529 of 1991 and interim protection was granted by this Court as Criminal Case No.2372 of 1989 was pending. The aforesaid interim protection was vacated by this Court on 23rd April 2004. Thereafter, order of dismissal was passed on 30th October 2004