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Judgment
Markandey Katju and T.S. Thakur, JJ.—Heard the Learned Counsel for the Petitioner.
This SLP 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.
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.
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 SLP 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.