Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Order Rejecting Review Cannot Be Challenged; Only Original Decree/Order Appealable: Supreme Court
The Supreme Court ruled that an order dismissing a review petition is not independently appealable and cannot be treated as a fresh cause for appeal. Only the original decree or order passed by the court is subject to appeal. The Court explained that rejection of review does not create a new order or alter the existing decision but merely affirms the original one. Therefore, the appellate challenge must be directed against the substantive order, not the dismissal of review. This prevents parties from attempting to indirectly reopen final decisions by appealing the rejection of review petitions. The Court emphasized that this principle preserves judicial discipline and maintains the hierarchical structure of appellate remedies. By drawing this distinction, the Court provided clarity on the scope of appellate rights and curtailed attempts at circumventing finality of judgments. The ruling strengthens procedural certainty by confirming that dismissal of review does not expand or extend the scope of appeals.