GOWRIPAGA ALBERT LAEL Vs. JOSEPH D-SOUZA

JUDGEMENT

(1.) The writ petition has been filed for appointment of an Advocate Commissioner to administer and manage the affairs of the respondent Nos.6-9 and to reinstate the former Trustees/founding Directors of the said respondents to take appropriate action against the respondent No.11 in failing to conduct inspection and Audit of the Directors of the respondent Nos.7 and 9 under the Companies Act, 1956.

(2.) The petitioners claim to be erstwhile employees of the respondent Nos.6 - 9 which are public trust/charities. All the three petitioners claim to have been terminated from service without enquiry. The respondent No.6 is a Public Trust registered under The Bombay Trusts Act, 1950. The respondent No.7 is a Public Charity (Non-profit) registered under sec. 25 of The Companies Act, 1956 operating in the name and style of "Operation Mobilisation India" which was later changed to "Operation Mercy India Foundation". The respondent No.8 is also a Public Charity registered under the Andhra Pradesh Societies Registration Act, 2001 in the name and style of "Good Shepherd Community Society". The respondent No.9 is a Public Charity registered under sec. 25 of The Companies Act, 1956 in the name and style of "O.M. Books Foundation" and the respondent No.10 is an International Charity registered under The Companies Act, 1956, of England and Wales with operations in over 110 countries including in India.

(3.) The petitioners allege that the petitioners were unceremoniously terminated from service due to the whistle- blowing activities of the petitioner No.1. The petitioners allege that the respondent No.1, a Director of the respondent charities, is mismanaging the affairs of the Trust and misappropriating funds brought in by the donors. The petitioners hence pray for appointment of an Advocate Commissioner to act as an Administrator for managing the affairs of the respondent Nos.6-9.