( 1 ) THIS is a writ under Article 226 of the Constitution of India for the issue of writs of mandamus and prohibition against the State of Madhya Bharat and now against the successor Government, the Government of Madhya Pradesh.

( 2 ) THE facts giving rise to this petition are that the petitioner L. P. Hirway entered the service of the Gwalior State as a Judicial Officer in 1940; in 1946 he was dismissed by the Gwalior Government on account of-a frivolous prosecution launched against him, which was eventually withdrawal by the Government, He represented his case to the Gwalior Government, taut in the mean time the State of Gwalior merged in Madhya Bharat. The efforts of the petitioner to press his representation continued and it seems that on 2-11-49, the petitioner was appointed Judge, Labour Court (Madhya Bharat) on a temporary and provisional basis for sis months. He continued in this capacity beyond six months and while he was continuing as Labour Judge, his representation, against his dismissal by the gwalior Government was allowed and the Government of Madhya Bharat reinstated him and Memo No. 3024/xiv/, 52/165 (50) dated 28-10-52 was issued to that effect. Th