BHANWRI SINGH Vs. DY C M E LOCO SHOPS W RLY AJMER

JUDGEMENT

(1.) THIS is an application by Bhanwri Singh under Arts. 226/227 of the Constitution against the appellate order of a District Judge in a matter under the Payment of Wages Act.

(2.) A preliminary objection has been taken that no writ application lies as the applicant could apply in revision against the appellate order of the District Judge and had actually applied in revision to the Judicial Commissioner, Ajmer (from where this case has come to us under the States Re-organization Act of 1956 ). That revision came up for hearing on the. 9th of September, 1956 and was not pressed and consequently dismissed. It was thereafter that the present application was made and the contention on behalf of the opposite parties is that the applicant had the remedy of going in revision and had availed of it and the order in revision had gone against him and it is, therefore, no longer open to him to file a writ application in the High Court because that would amount to the High Court sitting in judgment in its extraordinary jurisdiction over its order in its ordinary jurisdiction.