1. This is a petition challenging an order passed by the Labour Appellate Tribunal granting permission to the second respondent to retrench 126 of their workmen. The few facts which lead up to this petition may be stated. On 27th May 1955 the second respondents made an application for retrenchment of 142 of their workmen to the Labour Appellate Tribunal under Section 22, and the ground put forward by them was that they wanted to shift their factory which was in Bombay to Chinchwad in Poona as they wanted to extend their factory.

The Tribunal granted the application. A petition was presented against this order to this Court and this Court on the 30th June 1955 quashed the order. On the 4th July 1955 the second respondents applied to the Labour Appellate Tribunal that their application should be further heard and considered. The application was heard and permission was granted in respect of 126 workmen, and this is the order that is now sought to be challenged by this petition.

2. The first ground which is a novel ground and which has been very ingeniously argued by Mr. Sule is that in law once an order has been quashed by the High Court on a writ of certiorari, no further or