BOMBAY PANJRAPOLE BHULESHWAR Vs. WORKMEN

JUDGEMENT

(1.) THE question involved in this appeal by special leave from an order of the Bombay High Court rejecting summarily a petition under Article 227 of the Constitution for the issue of a writ of certiorari or other appropriate writ for examining the legality of the award made by the Industrial Tribunal, Maharashtra on 27/07/1965 and published in the Maharashtra Gazette on 19/08/1965 and for quashing the same appears to be one of first impression so far as this Court is concerned.

(2.) THE appellant before this Court is an institution which came into existence as far back as 1834. It originated in the desire of certain Hindu and Parsee gentlemen of the City of Bombay to put a stop to the practice of killing of stray dogs by the sepoys of the East India Company. THE deed of October 18, 1834 shows that certain Hindu, Parsees and Mahajuns had resolved to start a Panjrapole with suitable buildings by raising subscription and also by promising to pay certain fees on stated mercantile commodities to the Panjrapole to be established for the keeping of stray cattle and other animals and for protecting their lives. This was followed by a deed of declaration of trust executed on 2nd November, 1850. This shows that the institution mentioned in the earlier document had been established and the management of its funds had been placed in the hands of certain Banias under the superintendence of Sir Jamshedjee Jeejeebhoy and that out of the surplus funds collected Rupees 75, 057/- had been invested in the purchase of Government Promissory notes. THE trustees were to stand possessed of the said notes and interest and dividends thereof upon trust for the use and benefit of the said institution.

(3.) IT would appear that the Bombay Panjrapole expanded its activities considerably over the years and had besides its original seat at Bombay, branches at three other places, viz., at Raita, Bhiwandi and Chembur. Cattle, birds and other animals were kept and maintained at all these places. A very large number of persons was pursuing manifold activities at the said places. Latterly the workers of the institution were not satisfied with their wage scales and other service conditions. On the basis of the report submitted by the Conciliation Officer under sub-section (4) of Section 12 of the Industrial Disputes Act the Government of Maharasntra referred the dispute for adjudication to the Tribunal constituted under a Government notification. An order of reference was made on 25/06/1963 and the heads of disputes were the wages, privilege, sick and casual leave, bonus, gratuity and reinstatement of certain workmen.