AIR 1958 MADRAS 398 ::1958 MadLJ(Cri) 584 ::(1958) 2 LabLJ 315 ::(1958-59) 15 FJR 354 ::1971 MadLW 371 ::(1958) 2 MadLJ74 ::ILR (1958) Mad 672

Madras High Court

Hon'ble Judge(s): P. Rajagopalan, Ramachandra Iyer , JJ

(A) Constitution of India , Art.136, Art.226— Supreme Court refusing leave to appeal against award of Industrial Tribunal - High Court if can exercise its powers under Art.226. The right to apply for leave to appeal to the Supreme Court under Art. 136 if it could be called a "right" at all, cannot be equated to a right to appeal. Obviously a High Court cannot refuse to entertain an application under Art. 226 of the Constitution on the ground that the aggrieved' party could move the Supreme Court under Art. 136 of the Constitution. That the Supreme Court declined to exercise its discretion in favour of the petitioner by granting the leave asked for, cannot affect the jurisdiction vested in the High Court under Art. 226. Even had there been a right of appeal to any other forum whether it was availed of or not, the jurisdiction under Art. 226 would be left untouched.(Para 18 19) However, the fact that the Supreme Court declined to exercise its discretion in favour of the petitioner and refused to grant leave under Art. 136, against the award of the Industrial Tribunal without giving any reasons (consistent, with the practice of the Supreme Court), is a factor that ought to be taken into account and given due weight, when the High Court is called upon to exercise its discretion in favour of interference with th....