RAJESH BALIA, J. - (1.) THE brief facts and circumstances in which the present petition has been filed may be summarised as follows:
(2.) IN the town of Blkaner, three tharltable Institutions/projects were being run. One is Mathura Bai Fatechand Daman Maternity Home, which was established in the year 1959 and is situated in ground floor of a building situated at Naya Shar of Bikaner. This Institution is registered as a 'public trust', under the Rajasthan Public Trust Act, 1959. The institution is run by trustees of a Trust, known as S.R. Damani Medical Trust, Bombay, which is founded by one Madan Gopal Chandmal Damani under indenture dated 28th December, 1970. The founder -trustees of this Trust are -Suraj Ratan Fatehchand Damani, Ratan Bai Suraj Ratan Damani and Madan Gopal Chandmal Damani. The primary object of the Trust, as is suggested in the name itself, is related with relief to poor in the field of medical assistance and related matters, in general and, with specific direction to expend such sums of money from time to time form the conduct, use and benefit of medical institution, that is, the Mathura Bai Fatehchand Maternity Home, Bikaner (hereinafter referred to as 'the Maternity Home'). It is alleged that in September, 1973, the trustees of the aforesaid. Trust were Shri Madan Gopal Damani, Shri Brij Gopal Damani and Shri Mathura Das Mohta. Certain persons are employed as employees at the Maternity Home. Vide the impugned order Annx. 16, the Maternity Home employed 16 persons in September, 1973. According to the petitioner. It employed 12 persons whereas according to the Inspector's report, it employed 10/11 persons in September, 1973. The Trust -deed under which the Trust was created, has been filed before the Regional Provident Fund Commissioner, Rajasthan, Jaipur and has been produced with the writ petition as Annx. 1.
(3.) THE another project, known as Mathura Bai Fatehchand Famil Welfare Center, Bikaner (hereinafter known as 'the Center'), was started in the year 1967. This was being run in the same premises where the Maternity Home functions. As the name suggested, the activity of this Centre is related to family planning. The 80 present of expenses of this Centre were met through the aid from the Government of Rajasthan and rest by the S.R. Damani Medical Trust, Bombay (hereinafter referred to as 'the Trust'), which was running the Maternity Home. This Centre employed 2 persons at the relevant time, that is, in September, 1973.;