A writ of certiorari or prohibition cannot be issued unless the petitioner can show that they have a cause of action based on a grievance which requires redress.

( 1 ) BY this petition under Article 226 of the Constitution the petitioners, Uttar Pradesh Chini Mill Mazdoor Federation and Hind Mazdoor Sabha, Uttar Pradesh branch have sought the issue of a writ of certiorari quashing a notification dated 9 Jane 1961 ssued by the Government of Uttar pradesh under Section 3 (c) of the Uttar Pradesh Industrial Disputes Act. An additional prayer was made for the issue of a writ in the nature of prohibition to be issued to the other three opposite parties, who were constituted as members of a committee appointed under the notification dated 9 June 1961, prohibiting them from entertaining or deciding any dispute arising out of the implementation of the recommendations of the wage board in pursuance of the notification dated 27 April 1981. When this petition came up for hearing before us it appeared to us that it was necessary for the petitioners to satisfy the Court, as a preliminary point, that a situation had arisen where the petitioners would be entitled to obtain a writ from this Court for the purposes for which they moved this Court. It is now well settled that in exercise of its jurisdiction a High Court does not, at the instance of any person, decide the validity or invalidity of any statutory notice or any provision of law, unless and until the person moving the Court can show that that person has in presenting a cause of action based on a grievance which requires redress. In the present case it appears to as that the petitioners have come to this Court prematurely at a stage when they are unable to show that any necessity has arisen for considering the validity of the Impugned notification dated 9 June 1961.

( 2 ) THE case of the petitioners is that certain recommendations were made by a wage board in respect of which the State of Uttar Pradesh issued a notification dated 27 April 1961 giving effect to these recommendations. One of the clauses of the recommendations which under that notification had to be given effect to related to adjustments to be made in respect of the existing emoluments of workmen when fitting them into the new grade to be implemented under that notification. Paragraph 12 of the notification laid down, inter alia, that: the adjustment of existing emoluments into various grades specified in the order shall be made initially by the employers, as far as possible, in consultation with the representatives of the workmen. If there are any disputes between the employers and the workmen in this behalf, such disputes shall be referred to a special committee or committees to be constituted by Government for the purpose.

( 3 ) IT was asserted in the supplementary affidavit filed in support of the petition that as many Rs. 1,291 industrial disputes had arisen which would be governed by this Para. 12 of the notification dated 27 April 1961, and that they had been sent through the Assistant Labour Commissioner of the region concerned to the Labour Commissioner and Labour Secretary, Government of Uttar pradesh. There is, however, no further Information as to what orders have been passed by the state Government on these papers. In order to understand the nature of the disputes, we called upon Mr. S. C. Khare, learned Counsel for the petitioner, to give further information to as whereupon be produced before us as an example a letter dated 5 June 1961 sent by the Secretary of the Pilibhit Sugar Mills Labour Union, Pillibhit, to the Assistant Labour Commissioner, bareilly. The letter mentioned that copies of representations by twelve persons named therein were being sent to the Assistant Labour Commissioner to be forwarded to the Secretary to government, Uttar Pradesh, Labour (A) Department, Lucknow, for necessary section. Amongst the papers produced before us were also copies of some of these representations which were on printed forms containing other entries in type and signed by the workman concerned. Mr. Khare informed us that this form had been got printed by t