JUDGMENT :

A.V. Savant, J.

Heard Dr. Chandrachud for petitioner and Shri. Ganguli for respondent no. 1.

2. This is a petition against the interim order dated 12th July 1993 passed in a pending reference no. 168 of 1990 by the industrial Court, Bombay. Under the said interim order the petitioner-company is directed to give the financial benefits to the remaining 34 workmen on their giving the necessary undertaking under protest. It has been further clarified that if such benefit is given to the said workmen as per the said interim order, it will be subject to the final outcome of the matter and any such amount will stand adjusted towards the arrears, if any, found due under the Award.

3. Since the petition is against an interim order as above, I need not go into the facts in great details. While I am inclined to expedite the hearing of the said reference, my reason for refusal to interfere with the said order are as under.

4. It appears that an earlier settlement dated 14th November 1986 came to an end by 30th November 1988. A fresh charter of demands was, therefore, presented on 1st December 1988. On failure report being submitted, a reference was made under Sec. 12 of the industrial Di