Sambuddha Chakrabarti, J. - (1.) Child In Need Institute (CINI) (the Institute, for short), a registered society has challenged an Award, dated September 29, 2016, passed by the respondent Tribunal. By the said Award, the learned Judge had held that the service rules of the Institute were not transparent and the workmen concerned were terminated without complying with the relevant provisions of the Industrial Disputes Act, (the Act, for short). The Tribunal further observed that since the Service Rules of the Institute before 1989 did not have any provision for retirement, the workmen were not bound by the Service Rules of 1989 by which a provision relating to retirement was incorporated or even by the subsequent modifications made in 1996 and 2006. It has further been held that "the workmen were entitled to be reinstated with full back wages. However, this Tribunal is not inclined to accept the age of retirement of the concerned workmen at the age of 60 years. This, however, shall not debar the contending parties from fixing for the age of retirement by way of settlement."
(2.) The petitioner has assailed the Award on grounds of perversity as well as on the ground that reliance by the Tribunal on the judgment of the Supreme Court in Workmen of Kettle Well Butten & Co. Ltd. Vs. Kettle Well Butten & Co. Ltd,1964 2 LLJ 146 was thoroughly misconceived.
(3.) In order to appreciate the grievances of the petitioner the factual background of the case is necessary to be taken into consideration. The aims and objects of the Institute are provided in the Rules and Regulations as well as in the Memorandum of Association. Clause 3 of its Memorandum of Association mentions development of human resources, particularly in respect of children, adolescents and women belonging to the vulnerable segments of the populations, as one of its aims and objects. In Clause 3(u) it has been specifically provided that the society shall not pay any dividend, gift or divide bonus in money to any of its members by way of profit and its income or property shall be applied solely for the purpose of its aims and objects provided nothing therein shall prevent in good faith payment of remuneration of the office bearers, other persons, institutions or societies in return of services rendered to the society. For the purpose of carrying out its objectives the Institute obviously requires manpower. Workmen were appointed on contractual basis by the Institute.;