A writ of prohibition can only be issued to prohibit an inferior tribunal from continuing proceedings instituted in that tribunal on proof that the tribunal had either no jurisdiction to entertain the proceedings or to continue the proceedings.

Order. - This is a petition filed by the Hongkong and Shanghai Banking Corporation, a banking company, which has its registered office in Bombay, for the following relief :- that the Court do issue a writ of prohibition against the resps. prohibiting them from continuing the proceedings by making an application under S. 20, Industrial Disputes (Appellate Tribunal) Act, or otherwise howsoever executing or enforcing or attempting to execute or enforce the award.

2. The petition was filed against two persons, Bhaidas Pranjivandas Dalai and Narayan Dharmaji Todankar, who were impleaded on behalf of themselves and all other employees of the petitioners employed at the Bombay branch establishment and interested or claiming the benefits of the award of the All India Industrial Tribunal (Bank Disputes) dated 31-07-1950.

3. The material averments made in the petition may be shortly stated. By a Notification dated 13-06-1949, the Central Govt. in exercise of the powers conferred by S. 7, Industrial Disputes Act, 1947, constituted an Industrial Tribunal for adjudication of disputes in banking companies, and by an order of reference dated 13-06-1949, reciting that an industrial dispute had arisen between the banking companies mentioned in Sch. I to the Order which included their branches and their employees, in respect, so far as the Central Govt. was aware, of the matters specified in Sch. II to the said Order, referred the industrial dispute for adjudication to the Industrial Tribunal. By a notification dated 12-08-1949, the Central Govt. directed that the order of reference dated 13-06-1949, be amended by insertion of the words or is apprehended after the words whereas an industrial dispute has arisen in the opening recital of the order of reference. The Industrial Tribunal made and signed its award on 31-07-1950, which was published in the Gazette of India on 12-08-1950. It was claimed that for diverse reasons mentioned in the petition the award of the Tribunal was either without jurisdiction, or that the Tribunal acted in excess of its jurisdiction. By reason of the provisions of S. 17A (1), Industrial Disputes Act the award of the Tribunal became enforceable on 12-09-1950, and it was apprehended that the resps., the employees of the petitioner, would apply to the appropriate Govt. for enforcement of the award under S. 20, Industrial Disputes (Appellate Tribunal) Act, 1950. The petitioners, therefore, applied for the issue of a writ of prohibition against the resps.

4. Resp. 1, who represents the clerical staff of the petitioner bank, has stated that he is not concerned with the question sought to be raised by the petitioners, and has taken no part in the proceedings. On behalf of resp. 2 it is contended that there is no proceeding pending in any inferior tribunal which could be restrained by a writ of prohibition issued to that tribunal, and consequently the petition filed against the resps. seeking to prohibit them from continuing the proceedings by making an application under S. 20 of the Industrial Disputes (Appellate Tribunal) Act or otherwise howsoever executing or enforcing or attempting to execute or enforce the award is not maintainable.

5. In my judgment the contention of resps. is well founded. Normally, a writ of prohibition can issue only for the purpose of prohibiting an inferior tribunal from continuing proceedings instituted in that tribunal on proof that the tribunal had either no jurisdiction to entertain the proceedings or to continue the proceedings. As stated in Halsburys Laws of England, vol. IX, at p. 819 :

"The writ of prohibition is a prerogative writ, issuing out of the High Court of Justice, and directed to an ecclesiastical or inferior temporal Court which forbids such Court to continue proceedings therein in excess of its jurisdiction or in contravention of the laws of the land." That para. clearly indicates that a writ of prohibition can issue for the purpose of forbidding a Court, which is inferior