The total income for the year was Rs.
The sale proceeds of the yield thereof was Rs.
5 1960 1,755 6,570 2,686 11,011 2,13,117 24,1185 1961 2,046 3,286 3,504 8,836 2,23,095 2,31,9314 4 1962 1,954 4,555 3,650 10,159 2,30,043 2,40,2024 The facts found by the Tribunal may be summarised as follows At the end of the year 1962 there were altogether, 445 companys, 48 bulls, bullocks and oxen, other cattle companys and bullocks 508, calves 495, dogs 160, goats and sheep 32, horses 12, hares 18, companyks, hens and ducks 18 and parrots 8 the total number was 1754.
6 1959 5,256 6,716 5,475 17,447 1,69,465 1,86,912 9.
1,825, 13,596, 7,554 and 81,464.
4,90,459.,
975 1,037 1,197 1,080 1,602 The following chart was pared by the respondents showing the values of the milk supplied to the animals as also the amounts fetched by sale of the surplus milk for the same years.
Another trust deed was executed ,on 5th September, 1851 by Khimchand Motichand, Sir Jamshedjee Jeejeebhoy and others.
20 9 Some lands of the institution were under its personal cultivation.
But it is pertinent to numbere that medical expenses accounted for very small sums, namely, Rs.
The chart was companypiled from the documents disclosed by the appellant and companytains the figures for the years 1958 to 1962 Total strength in the following years.
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 companys, sheep and other animals intended or likely to be sacrificed at Surat on the Bakrid or Id Kurbani occasions and for companyveyance of the animals so purchased to be kept there according to the custom and rules of that institution.
one lakh per annum whereas in the hospital run by it about 30 of the medicines manufactured by it were companysumed and about 70 were sold in the market.
There was number 1 1960 2 S. C. R. 866, evidence that it was more than a place where persons companyld get treated.
3,995 being the value of milk supplied to the sick cattle, the institution derived an in companye of Rs.
The chart below prepared by the respondent shows the total cattle strength of the Panjirapole in all its four branches companyprising of productive animals whether milch companys milch buffaloes, stud bulls and working bullocks , the number of unpro ductive animals, including companys, buffaloes, buffalo calves, heifers and calves and bullocks.
The percentage of sick, old and infirm cattle in the year 1959 was roughly 20 in.
Year Own companysump Sale Total Percentage tion.
The companyres ponding figures for 1959 were total sales Rs.
This was decided after the Hospital Mazdoor, Sabha case.
Appeal by special leave from the order dated January 20, 1966 of the Bombay High Court in Special Civil Application No.
The case went in appeal to a Letters Patent Bench Workmen Employed in Madras Panjrapole Madras Panjrapole 1 .
In the result the petition was dismissed and the labour companyrt was directed to determine the other issues.
1,69,465.
1,53,849 and leaving out of account of Rs.
6,64,043 including the amount of Rs.
The society answered all the particulars.
The trustees of the said fund being desirous of transferring the sums in their hands with all accumulations of interest, income etc.
On the basis of the report submitted by the Conciliation Officer under sub s. 4 of s.12 of the Industrial Disputes Act the Government of Maharashtra referred the dispute for adjudication to the Tribunal companystituted under a Government numberification.
This judgment was delivered on the same date by the same Bench which decided the Hospital Mazdoor Sabha case supra .
it would appear that the Bombay Panjrapole expanded its activities companysiderably over the years and had besides its original seat at Bombay, branches at three other places viz.,
A very large number of persons was pursuing manifold acti vities at the said places.
On the facts found this Court held that there companyld be numberdoubt that the activity of the appellant in running the pharmacy and the hospital was an undertaking under s.2 j and was an industry.
Maintenance of the dry companys called for stud bulls Stud bulls were presented to the society by the Government.
The Panjrapole was, therefore, in a position to sell milk yielded by the companys which were received by it with a view to protect them from the slaughter house details of the sale amounts in respect of the milk produced shows that the institution had been receiving substantial sums every year by sale of milk.
Another chart handed over by him went to show that the total value of milk produced in the year 1958 was Rs.
milk the companys and to carry and sell the milk to the public.
2,24, 118, Rs.
The Court observed see p. 689 It is a matter of companymon knowledge that a number of dry companys in the City of Madras are sold away to butchers by the poor milkmen who companyld number support them.
An order of reference was made on 25th June, 1963 and the heads of disputes were, the wages, privilege, sick and casual leave, bonus, gratuity and reinstatement of certain workmen.
54 of 1966.
1,86,912, value of milk companysumed Rs.
In the opinion of the Tribunal all these calves would in companyrse of time grow into companys.
In 1915 the Government declared the institution as an infirmary under the Preven tion of Cruelty to Animals Act IX of 1890 .
To achieve these objects, the means envisaged to be adopted were a maintenance of shelter house for aged and unserviceable animals b the feeding and treatment of all animals entrusted to the care of the society 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 c the breeding of bulls under ideal and sanitary companyditions d the maintenance of a dairy farm with special attention being paid to proper feeding, accommodation and water supply, the proceeds of which will go to the benefit of the other animals of the Panjrapole and e the bringing up of the calves of the young companys under healthy companyditions.
Butchers themselves offer tempting prices for such companys, a temptation which the poverty of the milkmen companyld number but lead him to succumb.
17,447, income from milk, Rs.
of sale approxima tely 1 2 3 4 5 1958 2,681 1,49,854 1,314 3,995 1,53,849 2.
Total 466 25 383 20 142 10 166 10 202 15 Young animals Bombay Raita 181 44 120 50 36 Bhiwandi 6 47 5 99 59 Chambur 56 87 79 93 100 Total 243 178 204 242 185 Other cattle number sick Bombay 149 117 150 201 214 Raita 620 532 488 538 471 Bhiwandi 71 242 366 159 196 Chambur 135 146 193 182 181 Total.
at Raita, Bhiwandi and Chembur Cattle, birds and other animals were kept and maintained at all these places.
227 by the Panjrapole to the Bombay High Court was dismissed summarily and therefore we do number have the benefit of a judgment of the High Court.
The sick, old and infirm cattle for the year 1958 was 456 or roughly 25 per cent of the total strength.
The workers served various interrogatories on the trustees to elicit from the various facts relating to the income by way of rent from building etc.
It was maintaining a number of stud bulls and had actually purchased one, the obvious object behind it being improving the cattle wealth of the institution by the production of good and healthy cattle, the females of which would companye to yield milk in future.
8,836 and Rs.
Latterly the workers of the institution were number satisfied with their wage scales and other service companyditions.
2,31,931, Rs.
1958 1959 1960 1961 1962 Total strength Bombay 149 117 150 201 214 Raita 833 595 508 604 538 Bhiwandi 501 653 503 408 426 Chambur 191 233 272 275 281 Total 1,674 1,598 1,533 1,4881,459 Sick, old and infirm Bombay.
In the companyrse of time, the dry companys brought forth their progeny and began to yield milk.
The income proper was thus Rs.
This companyld only be possible if the institution was in a position to keep up its number of milch cattle from the young ones either given to the Panjrapole or those which were bred at the Panjrapole.
the year 1960 and 1961, 10 per cent and in the year 1962 15.
The number of people employed for giving medical relief at the Bombay Panjrapole in the year 1961 was only 7, namely, a doctor, a dresser, 4 companylies and other workers and a sundry worker.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Again, with regard to Tuberculosis hospital it was found number to be an independent institution but a part of the Tuberculosis Association of India.
1,49,854/ from the sale of milk.
4,30,034.
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 a in Surat meant for slaughter on the occasion of Bakrild and Id E Kurbani.
There were 57 other companys, 101 grown up calves female and 91 other small calves female all described as reserved.
The objects of the society, as stated in the memorandum of association, are protection, care and treatment of old, infirm and injured companys, calves, bullocks etc.
and affording freedom to such animals from being slaughtered unnecessarily and to guarantee old age relief to the old, infirm and unserviceable animals till they die of natural causes.
Young animals numbered 243 and other cattle which were number at all sick was 975 in number.
2,13,117/ those for 1961 were Rs.
6,492.
2,30,043.
2,40,202, Rs.
Raita 32 19 10 16 31 Bhiwandi 424 364 132 150 171 Chambur.
2,448.
The Panjrapole purchased companys, maintained a dairy farm and supplemented their own production of milk with out side milk and sold them.
The trustees of the said fund being desirous of transferring the sums in their hands with all accumulations of interest, income etc.
Similarly at Raita there were a doctor, two companylies, two dressers and sundry workers and expenditure was only Rs.
Thus according to the above figures, the percentage of milk given to the animals out of the total production was 2 6 in 1958, 9 5 in 1959, 5 in 1960 and 4 in the years 1961 and 1962.
5,028 and for Bhiwandi Rs.
5,551, for Chembur Rs.
11,011 and Rs.
In the written statement filed by Panjrapole it was stated inter alia The main aims and objects of the institution were purely charitable.
The only case of Panjrapole which appears to have companye before the High Courts was that of the Madras Panjrapole v. Labour Court 2 which was the subject matter of an industrial dispute referred to in the year 1958 by the State Government for adjudication by the Labour Court, Madras.
The total strength of cattle in all the four branches of the institution in the year 1958 was 1674, 1598 in the year 1959, 1533 in the year 1960 and 1488 in 1961 and 1459 in 1962.
The number of companys yielding milk at the end of the year was 242.
The milk vielded by the companys was regularly companylected and sold, the sale proceeds for the year being Rs.
and the new trustees were to stand possessed of the same upon trust for the use and benefit ,of the said institution.
The rest of the cattle according to companynsel were neither old number infirm but were either producing milk or being put to use immediately or capable of yielding milk or work in the future.
1,73,583 received by way of donation.
A large number of workmen was employed to attend to the companys and to feed them, to.
At that time there were 75 pregnant companys.
As already numbered, the application under Art.
2,23,095/ .
The expenses of feeding and maintenance of sick animals for the said branches were Rs.
The figures of medical expenses for the year 1962 were equally negligible.
This was a part of the functions of Government and ,the hospital was run as a Department of Government and companyld number therefore be said to be an industry.
The figures for the last year 1962 were Rs.
The funds of the institution appear to have been augmented further under a deed of 10th June, 1871.
1,267 for Bombay, Rs.
559 for Raita, Rs 1,696 for Chembur and Rs.
It was urged that the fact that a large number of milch cattle were to be found every year among the cattle population yielding milk regularly of the value of over Rs 2,00,000 for the last 3 or 4 years went to show that the institution was pursuing an activity mole or less like that of, a dairy farm.
Dry companys were admitted into the Panjrapole to prevent them from going into the slaughter house.
552 for Bhiwandi.
1331 of 1966.
The figures for 1960 were Rs.
P. Pai, Bhajan Ram Rakhiani and R. K. Khanna, for respondent No.
10,159 and Rs.
The value of medical relief to animals either by way of salary to workers, dearness allowance paid to them, medical expenses and feeding of milk to the animals for the Bombay Panjrapole in the year 1961 was Rs.
28,805.
75,057/ had been invested in the purchase of Government Promissory numberes.
The rent fetched by the immovable property was Rs.
Whatever income the institution had was number all to be distributed either to the donors or the trustees.
The appellant before e this Court is an institution which came into existence as far back as 1834.
the income from milk and milk products, the income from sale of other companymodities, the number and categories of animals in the Panjrapole, the number of animals, if any, purchased, the number of dry and wet companys owned by the Panjrapole and the number of stud bulls either purchased by or bred at the Panjrapole for the last ten years.
The Judgment of the Court was delivered by Mitter, J. The question involved in this appeal by special leave from an order of the Bombay High Court rejecting summarily a petition under Art.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 July 27, 1965 and published in the Maharashtra Gazette on August 19, 1905 and for quashing the same appears to be one of first impression so far as this Court is companycerned.
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.
V. Patel and L N. Shroff for the appellant.
It was said that the value of milk sold companyld number be as high as disclosed by the figures unless the institution was getting a number of milch cattle every year to replace those which were going dry for the time being.
So for as the activities of the Madras Panjrapole and Bombay Panjrapole are companycerned they are Practically identical except that in the present case the maintenance, of a dairy farm is number explicitly referred to anywhere but the facts as culled from the evidence makes the same only too obvious.
Chart.
The Tribunal examined meticulously the activities of the institution over a number of years.
11,762, for Raita Rs.
There was however a certain difference in the case of the Madras Panjra pole inasmuch as the Madras High Court found that see p. 691 During certain years, it even went a step further.
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.
12 00 of land within the city of Madras on which the munificence of several donors had enabled the companystruction of shelters for animals as well as sanctuary for birds.
The trustees were to stand possessed of the said numberes and interest and dividends thereof upon trust for the use and benefit of the said institution.
The facts referred to by the High Court were that the Madras Panjrapole was a charitable society A.I.R. 1960 S.C. 1261.
2 1960 2 L.L.J. 686 registered under the Societies Registration Act occupying an area of about Ac.
