ARYABHUSHAN PRESS POONA Vs. K R POWAR

JUDGEMENT

(1.) By this petition under Art. 227 of the Constitution, the Aryabhushan Press, Poona, which is run by the Servants of India Society, a society registered under the Societies Registration Act, 1860, seeks to set aside an award made by Mr. K. R. Powar, Member, Industrial Tribunal, directing payment of gratuity to the workmen of the petitioner. The Servants of India Society was formed with the objects, inter alia, of promoting by all constitutional means the national interests of the Indian people without distinction of caste or creed and of assisting educational movements and the elevation of the depressed classes. The members of the Society are pledged throughout their lives to give the best that is in them to the cause of the country in all secular fields. This Society has its headquarters in Poona and branches in several parts of India. This society also runs a press at Poona which is known as "Aryabhushan Press", the petitioner before us.

(2.) On January 31, 1966, a reference was made by the Government of Maharashtra under S. 10 of the Industrial Disputes Act, 1947, referring for adjudication the demand of the workmen of the petitioner for framing a scheme of gratuity with effect from January 1, 1965. The award was made on February 28, 1967, and by the said award the employers were directed to pay gratuity. The relevant directions in the award are as follows :

(3.) Mr. Gadgil, learned advocate for the petitioner, has challenged this award before us on three grounds, namely, (1) gratuity should have been awarded by the Tribunal only if a concern is a purely profit-making and commercial concern which it is contended the petitioner is not, (2) the financial position of the Servants of India Society was not such as to justify the Tribunal in making an award directing the press to pay gratuity to its workmen, and (3) the Tribunal erred in considering the petitioner as separate entity and not as an integral part of the activities of the Servants of India Society.