MITTER - (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. On 2nd November, 1850 a deed of assignment and declaration of trust in favour of Panjrapole was executed by Sir Jamshedjee Jeejeebhoy to Khimchand Motichand. This document shows that a part of the surplus funds had been invested in the purchase of several pieces or parcels of lands, houses etc. and the new trustees were to stand possessed of the same upon trust for the use and benefit of the said institution. Another trust deed was executed on 5th September, 1851 by Khimchand Motichand, Sir Jamshedjee Jeejeebhoy and others. This document shows that the institution was then possessed of considerable wealth comprising of Government promissory notes, houses, lands and other immovable estate in the Island of Bombay, besides cash balances. The funds of the institution appear to have been augmented further under a deed of 10th June, 1871. According to this document certain charitably disposed persons, Hindus and Parsees, had raised a fund for releasing animals in Surat meant for slaughter on the occasion of Bakri-Id and Id-E-Kurbani. The trustees of the said fund being desirous of transferring the sums in their hands with all accumulations of interest, income etc. and also the trust thereof to the trustees of the Bombay Panjrapole had requested the trustees of the said Panjrapole to become the trustees of Surat Bakri-Id fund to which the latter had agreed. This document shows further that the trustees of the Bombay Panjrapole had agreed to use the said funds towards the purchasing, releasing and redeeming from slaughter some of the cows, sheep and other animals intended or likely to be sacrified at Surat on Bakri-Id or Id-Kurbani occasions and for conveyance of the animals so purchased to be kept there according to the custom and rules of that institution. In 1915 the Government declared the institution as an infirmary under the Prevention of Cruelty to Animals Act (IX of 1890).
(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. In the written statement filed by Panjrapole it was stated inter alia :- (a) The main aims and objects of the institution were purely charitable. Whatever income the institution had was not at all to be distributed either to the donors or the trustees. It was wholly and solely for the maintenance and treatment of animals of the Bombay Panjrapole. To achieve the above objects the means to be adopted were: (i), maintenance of a shelter house for aged and unserviceable animals; (ii) the feeding and treatment of all animals entrusted to the institution either by the owners anxious to pension their old animals or rescued by philanthropic persons from the hands of butchers and the protection of animals remanded by magistrates. (iii) the breeding of bulls under ideal and sanitary conditions; (iv) the maintenance of a dairy farm with special attention to proper feeding, accommodation and water supply, the proceeds to go to the benefit of other animals of the Panjrapole and (v) bringing up of calves of the young cows under healthy conditions. (b) The Managing Committee of trustees of the institution was advised that in fulfilment of their primary and only object of maintaining sick and infirm cattle and dogs etc, it was necessary that they should have healthy food and nutrition. Since milk from outside would not fulfil that condition it was decided to upgrade the infirm cattle and rear them into good animals so as to get good and pure milk for the inmates of the Panjrapole. Thus the milk that was produced and remained surplus after feeding the old cows, motherless calves and dogs and other such animals was sold to members of public instead of being thrown off. The income derived therefrom was again utilised only after maintenance of the Panjrapole animals. The sale proceeds of the milk was never utilised nor meant for the benefit or the profit of the donors or trustees nor was it produced and sold for the purpose of satisfying human needs or desires or with any object of rendering material service to the community. (c) The cows which yielded milk were kept by the Panjrapole till the end of their lives. The milk derived from them could only be considered as natural and incidental product in the maintenance of cows. ;