ARUN MADAN, J.

( 1 ) THIS special appeal is directed against the order dated July 28, 2000 passed by the learned single Judge allowing an application filed by krishna Kumar Saxena (respondent No. 1)under Section 17-B of the Industrial Disputes act, 1947, during the pendency of S. B. Civil writ Petition No. 2661/1996, wherein the petitioner has challenged the Award dated september 26, 1995 (Annexure 5) of the central Industrial Tribunal, Jaipur holding that canteen is an industry thereby removal of the respondent No. 1 was retrenchment and violative of Section 25-F and therefore holding the respondent entitled to full back wages from january 2, 1-984 to June 1991 alongwith reinstatement in service but for period from july, 1991 onwards the matter was left open for adjudication under Section 33-C (2) of the Act, if applied for by the respondent No. 1. The writ petition was admitted on September 4, 1996.

( 2 ) WE have heard the learned counsel for the appellant and perused the impugned order of the learned single Judge, who allowed respondent No. 1s application u/section 17-B of the Act and directed the petitioner to make the payment of salary to respondent No. 1 at the rate