JUDGMENT 1. - By filing this petition the petitioner has prayed to quash and set-aside the award dated 25.5.2002 passed by learned Industrial Tribunal, Jaipur (for short the learned Tribunal') and also to direct the respondents to reinstate him in service with all consequential benefits. 2. Brief facts of the case according to the petitioner are that he was confirmed employee on the post of Conductor. His services were terminated w.e.f. 14.9.1987 for remaining absent from duty but neither charge-sheet was given nor any inquiry was conducted before his services were dispensed with. An industrial dispute of general nature No. ITR No. 92/86, was pending before the learned Tribunal, therefore, respondents should have taken approval u/S. 33(2)(b) of the Industrial Disputes Act, 1947 (for short `the Act of 1947') but respondents did not file an application u/s. 33(2)(b) of the Act of 1947 for approval of the action taken by the respondents in terminating his services. Thereafter, he submitted an application u/S. 33-A of the Act of 1947 5 before the learned Tribunal and that complaint is treated as a reference as made by the State Government u/S.-10 and Act of 1947. The respondent Corporation filed a detailed reply and controverted the facts mentioned by the petitioner. The learned Tribunal after hearing learned counsel for the parties passed an award on 25.5.2002 against the petitioner. 3. Much reliance has been placed by the learned counsel upon a Judgment passed by Hon'ble Apex Court in Jaipur Zila Sahkari Bhoomi Vikas Bank Ltd. v. Shri Ram Gopal Sharma and others, reported in JT 2002 (1) SC 182 , wherein it is held that if the Corporation has not submitted any application, then it shall be treated that the workman has not been discharged from service and he is in service. 4. I have heard learned counsel for both the parties and carefully gone through the entire material placed before me including the award dated 25.5.2002 passed by learned Tribunal, Jaipur. 5. A bare perusal of the facts of the award show that the learned Tribunal while deciding the award has failed to consider the facts of the case properly. 6. The writ petition is disposed of accordingly. The case of the petitioner is remanded back to the learned Industrial Tribunal, Jaipur for fresh adjudication of the dispute. 5. A bare perusal of the facts of the award show that the learned Tribunal while deciding the award has failed to consider the facts of the case properly. 6. The writ petition is disposed of accordingly. The case of the petitioner is remanded back to the learned Industrial Tribunal, Jaipur for fresh adjudication of the dispute. The learned Tribunal shall decide the case of the petitioner within a period of three months after taking into consideration the Judgment rendered by Hon'ble Apex court in case of Jaipur Zila Sahakari Bhoomi Vikas Bank Limited (supra).Writ Petition Disposed of as Above. *******