MADRAS PINJRAPOLE Vs. THEIR WORKMEN

JUDGEMENT

(1.) THIS petition Is filed by the management, Madras Pinjrapole, Madras, for the issue of a writ of certiorari calling for the records of the presiding officer, labour court, Madras. In Industrial Dispute No. 103 of 1958 and to quash Its findings that the Madras Pinjrapole is an Industry by Its order dated 2 March 1965.

(2.) THE workmen of the Madras Pinjrapole raised an Industrial dispute against the management of the society and the dispute was referred by the Government of Madras by G. O. Ms. No. 36201, dated 22 September 1058, to the labour court, Madras. In the dispute the management raised a preliminary objection that the reference was bad, as the provisions of the Industrial Disputes Act, 1947, did not apply to the Madras Pinjrapole, which was engaged in rendering service to animals and not engaged in any manufacture" of goods or products. 1c also contended that the workmen of the Madras Pinjrapole were not "workmen" within the meaning of Section 2 (s) of the Industrial Disputes Act, 1917. The labour court, by Its award dated 1 August 1959. held that the Madras Pinjrapole was an industry within the meaning of the Industrial Disputes Act, 1947. Aggrieved at this decision of the labour court, the management of the Madras Pinjrapole filed a Writ Petition No. 3 of 1960 vide 1960?ii L. L. J. 186. Ramachandra Ayyar, J. (as he then was), who heard the petition, held that the Madras Pinjrapole did not contemplate any trade or business, and, as the main object of the pinjrapole was not to satisfy human wants, fit was not an Industry within the meaning of Section 2 (j) of the Industrial Disputes Act, 1947. The workmen took the matter up In appeal, and In Writ Appeal No. 147 of 1960 vide 1962?ii L. L. J. 472, a Bench of this Court held that, though the Institution Itself might not be an industry, a separate activity of such Institution, which comprised an individual unit of activity such as, for Instance, a dairy farm, could fall within the definition. The Bench remanded the case to the labour court for a finding on the fact whether by reason of the resolution dated 23 January 1937, the principal activity of the Institution had materially altered. After remand, the labour court reheard the petition and gave an award on 2 March 1965, holding that the Madras Pinjrapole Itself could be construed as an Industry and that the dispute between the workmen and the management was an Industrial dispute. Against the order of the labour court holding that the Madras Pinjrapole is an Industry the present writ petition IB filed by the management of the Madras Pinjrapole.

(3.) THE Madras Pinjrapole la a charitable society registered under the Societies Registration Act of 1860 and located at No. 50, Kunpur High Road, Madras-12. The society was founded in the year 1906 under the auspices of His Excellency to Hon'ble Sir Arthur Lawley, the then Governor of Madras, and Mr. Justice Boddam. The society Itself was started with the generous donations given by philanthropic members of the public. The object of the pinjrapole was to provide shelter for the aged, Infirm, worn-out and unserviceable animals, which are quite unfit for further work either due to old age or other causes. Animals admitted into the Pinjrapole were maintained till they died a natural death, the pinjrapole was controlled and managed by the Society for the Prevention of Cruelty to Animals till 1949, in which year the pinjrapole was separated from Society for the Prevention of Cruelty to Animals by the order of the High Court, The control and administration of the society was vested in a committee of its own in which representation to the Society for the Prevention of Cruelty to Animals was given. In the year 1937, the Government of Madras made a reference on the question of salvage of dry COWB from city dairies. The reference was considered at a meeting of the Society for the Prevention of Cruelty to Animals held on 23 January, 1937. The reference related to the suggestion of the Government of India regarding the salvage of dry cows. The following resolution wa passed at the meeting: Resolved that as the alms and objects of the Madras Pinjrapole require to be expanded to cover the protection of dry cows which are not necessarily old and infirm, the Society for the Prevention of Cruelty to Animals be requested to call an extraordinary general body meeting for the purpose of amending the alms and objects of the Institution accordingly, all though in actual practice the Institution has in the past given admissions to and in maintaining healthy animals in Its premises.