One of the objections was that Article 226 did number apply to the case as the award in question, having been published and declared binding by the Government on 17 1 1950, became final before the Constitution came into force on 26 1 1950.
The appeal arises out of an application made under Article 226 of the Constitution for the issue of a writ of certiorari to bring up and quash an award made by the All India Industrial Tribunal Bank Disputes on 5 1 1950, or, in the alternative, a writ of prohibition restraining the opposite party from enforcing the said award.
Civil Appeal No.
Various preliminary objections were raised to the maintainability of that application and they were upheld by the learned Judges who accordingly dismissed the application.
The answer to this objection by Mr. Chaudhri was the same as his answer to a similar objection raised in the companynected appeal Lloyds Bank Ltd. v. The Lloyds Bank Indian Staff Asscn.,
79 of 1953 with reference to the applicability of Article 136 of the Constitution and the point was dealt with in our judgment delivered on April 17th.
But as the High Court had jurisdiction to issue prerogative writs even before the companymencement of the Constitution, another preliminary objection was raised to the effect that the Tribunal having ceased to exist and its members being number severally engaged in the performance of other official duties, the writs prayed for companyld number be issued by the Court.
