1. After arguing the matter at some length learned counsel for the parties has filed a joint statement which reads as under:-- "The parties agree that the matter may be referred to Service Tribunal to be decided within a period of five months." an application for condo nation of delay which application be considered sympathetically.
2. The impugned judgment, in view of the agreed arrangements is set aside. The Service appeal shall be decided in accordance with law without being influenced from any finding or observation recorded in the impugned judgment. The parties will be at liberty to take all the pleas available to them under law. The appeal stands disposed of accordingly. No order as to costs.