JUDGMENT :

1. The present petition has been filed by the petitioner under Articles 14, 226 and 227 of the Constitution of India against the order dated 29.04.2011 passed by the Industrial Tribunal, Ahmedabad (hereinafter be referred to as the “Tribunal”) in Misc. Application (I.T.) No.18 of 2010 in Approval Application (I.T.) No.508 of 2003 in Reference (I.T.) No.137 of 2001 whereby the Tribunal has allowed Misc. Application (I.T.) No.18 of 2010 preferred by the respondent and ordered to rehear Application (I.T.) No.508 of 2003 on merits.

2. The main contention of the petitioner herein is that the respondent was appointed as Acting Driver and he has unauthorizedly absent continuously and, therefore, after departmental inquiry, he was dismissed from the service w.e.f. 02.12.2003. It is contended by the petitioner that at that time, Reference (I.T.) No.137 of 2001 was pending before the Industrial Tribunal and, therefore, the petitioner has filed Approval Application (I.T.) No.508 of 2003 on 02.12.2003, which came to be allowed on 07.09.2005. It is further contended that thereafter, the respondent has filed Misc. Application with an application for condonation of delay on 03.09.2009 wh