HAMDARD DAWAKHANA WAKF Vs. ITS WORKMEN

JUDGEMENT

(1.) This appeal by special leave aries at of an industrial dispute between the Appellant Hamdard Dawakhana Wakf and the respondents, its workmen. On 20/04/1961 the Chief Commissioner, Delhi, referred two items of dispute between the parties to the adjudication of the industrial tribunal at New Delhi. These items were in regard to the claim for additional bonus made by the respondents for the year 1969 and in regard to the grievance made by them in respect of the dismissal of Shamsul Zaman. The tribunal has ordered that the appellant abound pay to each and every workman of the Hamdard Dawakbana who worked In the calendar year 1959 additional bonaa equivalent to the one-third of his earning by way of basic wages for the said year. It has also held that the order of dismissal passed against Shamaal Zaman was unjustified and so. It has directed the appellant to reinstate him in service without break In the continuity of his service. Back-wages daring the period of his dlamlal have, however, not been allowed to the workman. In the present appeal, the appellant ohallenges the correctness and propriety of both the directions given by the award.

(2.) Hamdard Dawakbana, the appellant, was originally established in a modest way in 1906 by Hakim Haflz Abdal Majld. It was then manufacturing and selling Indigenous taiple and compound medicines. On the death of Hakim Haflz Abdul Majld, his heirs conducted the add business till 1948. On or about 28 August 1948, the add heirs and successors settled the said business with all its assets, goodwill, etc. , including the trade marks, on an Irrevocable wakf with the object that the income from the said trust should be utilized for the advancement, reform and development of the indigenous system' of medicine and for affording medical, education and social relief to deserving people In the country.

(3.) Under the terms of the wakf, the business is to be managed by at least one and no more than two mutual Provision is made for the remuneration of the said mutual. The said remuneration la in addition to the " khandani " income. These mutawallis have to be appointed from the heir and successors of the settlers. The net profits of the appellant are determined under Cl. 83 of the wakfnama ', the terms and conditions of the wakf require that the appellant should set apart one eight of the net profits towards the reserve fund; one-fourth of the balance is to be appoint for the personal and family benefit of the settler-It is called khawbanl income; the balance of three-fourths is to be appoint on objects of charity and general and public utility as well as for the Individual and collective needs of the community and the country.