MANU/SC/1239/2010

Equivalent Citation: 2011(III)C LR415, [2011(131)FLR775], 2012LLR115, (2011)15SC C 690

IN THE SUPREME COURT OF INDIA

SLP (C) No. 17543 of 2010 in L.P.A. No. 266 to 2009
Decided On: 16.07.2010
Appellants: Dena Bank Vs. Respondent: D.V. Kundadia
Hon'ble Judges/Coram:
Markandey Katju and T.S. Thakur, JJ.
Counsels:
For Appellant/Petitioner/Plaintiff: Sudhir K. Talsania, Sr. Adv., Pramod B. Agarwala,
Praveena Gautam and Abhishek Baid, Advs.
JUDGMENT
Markandey Katju and T.S. Thakur, JJ.
1. Heard the Learned Counsel for the Petitioner.
This Special Leave Petition has been filed against the impugned judgment of the
Bombay High Court dated 22.1.2010 by which the Division Bench has upheld the
order of the learned Single Judge. The learned Single Judge dismissed the writ
petition filed by the Petitioner herein challenging an interim order of the Central
Government Industrial Tribunal No. 1, Mumbai dated 28.5.1997.
2. It is well settled by this Court that no writ should be entertained against an interim
order of the Labour Court or the Industrial Tribunal. It is only when a final award is
given, then a party should be allowed to challenge it if he is aggrieved.
3. In the present case, the order of the Tribunal dated 28.5.1997 was only an interim
order and it did not decide the reference finally. Therefore, the writ petition was
rightly dismissed. Hence, we are not inclined to interfere in this matter.
The Special Leave Petition is dismissed accordingly.
However, if the final award goes against the Petitioner, it will be open to the
Petitioner, while challenging that final award, to also challenge the interim order of
the Tribunal dated 28.5.1997, if otherwise permissible.
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