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    Dena Bank Vs DV Kundadia 16072010 SCs101182COM275032

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    The Supreme Court dismissed a special leave petition challenging a high court judgment upholding an interim order from an industrial tribunal in a labor dispute case. The court affirmed that interim orders should not generally be challenged until a final award is made, at which point the final award and interim order can both be challenged if permissible.

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    Dena Bank Vs DV Kundadia 16072010 SCs101182COM275032

    Uploaded by

    lekhraj20bsl008
    19 views1 page
    The Supreme Court dismissed a special leave petition challenging a high court judgment upholding an interim order from an industrial tribunal in a labor dispute case. The court affirmed that interim orders should not generally be challenged until a final award is made, at which point the final award and interim order can both be challenged if permissible.

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    The Supreme Court dismissed a special leave petition challenging a high court judgment upholding an interim order from an industrial tribunal in a labor dispute case. The court affirmed that interim orders should not generally be challenged until a final award is made, at which point the final award and interim order can both be challenged if permissible.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    19 views1 page

    Dena Bank Vs DV Kundadia 16072010 SCs101182COM275032

    Uploaded by

    lekhraj20bsl008
    The Supreme Court dismissed a special leave petition challenging a high court judgment upholding an interim order from an industrial tribunal in a labor dispute case. The court affirmed that interim orders should not generally be challenged until a final award is made, at which point the final award and interim order can both be challenged if permissible.

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    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.
    © Manupatra Information Solutions Pvt. Ltd.

    14-02-2024 (Page 1 of 1) www.manupatra.com Lexicon Law Partners

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