ASBESTOS CEMENT LTD. versus P. D. SAWARKAR & ORS.

ASBESTOS CEMENT LTD. versus P. D. SAWARKAR & ORS.

The High Court's dismissal of the writ petition finally disposed of the controversy raised therein regarding dearness allowance and thus constituted a final order within the meaning of Article 133(1); the order refusing leave to appeal was incorrectly decided since the Part I Award was final in respect of dearness allowance and nothing further remained on that issue.

Parties
Appellant: Asbestos Cement Ltd.; Respondents: P. D. Sawarkar & Ors.
Jurisdiction
India
Judgment Date
23 February 1970
Procedural Posture
Civil Appeal / Appeal Against High Court Order Refusing Leave to Appeal Under Article 133(1) by Special Leave
Outcome
Appeal allowed. High Court's order dated November 25, 1968 set aside.
Legal Topics
Industrial Disputes, Arbitration Awards, Writ Proceedings, Final/interlocutory Orders, Appeals to Supreme Court
Constitutional Law Labour Law Industrial Disputes Arbitration Awards Writ Proceedings Final/interlocutory Orders Appeals to Supreme Court

Case Brief

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Parties

Asbestos Cement Ltd.

Appellant

P. D. Sawarkar & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against High Court Order Refusing Leave to Appeal Under Article 133(1) by Special Leave

Legal Issues

  1. 1 Whether the High Court's order dismissing the writ petition against a Part I arbitration award is a final order within the meaning of Article 133(1) of the Constitution
  2. 2 Whether the Part I award on dearness allowance under the Industrial Disputes Act is interlocutory or final for purposes of appeal

Ratio Decidendi

The High Court's dismissal of the writ petition finally disposed of the controversy raised therein regarding dearness allowance and thus constituted a final order within the meaning of Article 133(1); the order refusing leave to appeal was incorrectly decided since the Part I Award was final in respect of dearness allowance and nothing further remained on that issue.

Court Disposition

Appeal allowed. High Court's order dated November 25, 1968 set aside.

Orders

  • Case remanded to High Court for disposal in accordance with law.
  • Special Leave Petition No. 148 of 1969 allowed to be withdrawn.