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1953 Supreme(SC) 55

B. K. MUKHERJEE, GHULAM HASAN, M. PATANJALI SASTRI, S. R. DASS
Lloyds Bank LTD. – Appellant
Versus
Lloyds And Indian Staff Association (Calcutta Branches) – Respondent


Advocates:
B.DAS, J.B.DADACHAN, M.M.SEN, P.K.MUKHERJI, S.Chaudhary, S.N.MUKHERJEE, V.P.K.NAMBIAR

Judgement

 Patanjali Sastri, C.J.I. There is no substance in this appeal but, paradoxical as it may seem, the substance of the relief which the appellant seeks is already available to him. The appeal arises out of an application made under Art. 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.

2. Various preliminary objections were raised to the maintainability of that application and they were upheld by the learned Judges who accordingly dismissed the application. One of the objections was that Art. 226 did not 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 answer to this objection by Mr. Chaudhri was the same as his answer to a similar objection raised in the connected appeal - Lloyds Bank Ltd. v. The Lloyds Bank Indian Staff Asscn., Civil Appeal No. 79 of 1953; (AIR 1956 S C 745) (A) with reference to the applicability of






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