JUDGMENT Assailing the legality of the order dated 03.09.2021 passed by the learned Industrial Tribunal, Jaipur rejecting the application filed by the petitioner under Section 33(2)(b) of the Industrial Disputes Act, 1947, learned counsel submitted that learned Tribunal erred in dismissing the application on the premise that the petitioner has failed to prove charge of willful absence of the respondent-employee by production of documentary evidence whereas, the respondent himself has admitted absence from the duty for various periods on the ground of sickness but, could not prove that the absence was not willful but, was on account of sickness. He submitted that once the Tribunal has found the enquiry to be fair and reasonable, the learned Tribunal exceeded in its jurisdiction in interfering with finding recorded by the authority. Issue notice. Rule is made returnable by five weeks. Notices be filed in two sets. One set of notices be sent through registered post with acknowledgment due. Steps to be taken within a week. Heard learned counsel for the petitioner on interim relief. Taking into consideration the contentions advanced by the learned counsel for the petitioner, the material on record including the statement of the respondent recorded during course of enquiry, this Court deems it just and proper to stay the operation and effect of the order dated 03.09.2021 passed by the learned Industrial Tribunal, Jaipur till further orders.