1. Learned advocate for the petitioner vehemently argued the matter for quashment of the order impugned but he could not controvert the fact and proposition of law laid down by the Apex Court in case of Dena Bank Vs. D.V. Kundadia, reported in 2011 III CLR 415 that against the interim order, the High Court should not entertain the petition.
2. Admittedly, present petition is challenging the interim order and therefore, in light of aforesaid judgment, Shri Mehta, learned advocate could not carry this matter further in his submission. The court is of the view that petition deserves to be rejected and is rejected accordingly. It is observed that the court has not opined on merits of the matter and the Labour Court is at absolute liberty to decide the matter in accordance with law without being influence by the order passed by this court and it is also observed that, as this court has not decided the matter on merits in light of the decision of the Apex Court, both the parties would be at absolutely to take out respective contentions in their favour before the Labour Court. Rule is discharged. Interim relief stands vacated. No costs.
(S.R.BRAHMBHATT, J.) pallav