- (1.) Delay condoned.
(2.) Leave granted.
(3.) This appeal by special leave arises from the judgment of the division bench of the orissa High court in CJC No. 1970 of 1989 dated 19-7-1991. Respondent 1 was a conductor in the appellant-corporation. While he was posted in the district of Baripada, he committed misconduct. Disciplinary enquiry was conducted against him and on proof of his misconduct, he was dismissed from service, while Industrial Dispute Case No. 25 of 1981 under Section 10 (1 (d) of the Industrial Disputes Act, 1947 (for short "the Act") was pending decision. The respondent filed an application under Section 33 (1 (a) of the Act contending that since the dispute relating to an employee in Bhadrak Zone was pending adjudication in the Industrial tribunal, without the leave of the tribunal under Section 33-A his service could not be terminated. The tribunal dismissed the petition but in the writ petition, the division bench in the impugned judgment has set aside that order and held that the order of dismissal is bad in law. It is now admitted that pending this appeal, the respondent was reinstated in September 1993 on his undertaking that he will not claim any back wages.;