That the Bordeoris, as a class, have a right to watch over the administration of the temple lands, and protect such funds from waste, and that the Dolois are, so to speak, their (the Bordoris) agents in that matter. 22) In reply, it has been stated that the additional documents which have been filed before this Court cannot be taken into consideration as they were not part of the record before the learned single Judge or before the Division Bench and no leave has been obtained from the court.

" Like all courts of appeal exercising general jurisdiction in civil cases, the respondent has been constituted an appellate court in words of the widest amplitude and the legislature has not limited his jurisdiction by providing that such exercise will depend on the existence of any particular state of facts. 33 of the Act applies, to imply a term in the contract giving power to the master to suspend a servant when the master has come to the conclusion after necessary enquiry that the servant has committed misconduct and ought to be dismissed, but cannot do so because of s.

One of the essential considerations was the capacity of the industry to pay and that was comprised within the category " the circumstances relating to newspaper industry in different regions of the country ". The proviso to sub- section (5) of Section 8 takes care of entitlement of any person to a share of the income of any such institution or to a lump sum allowance under the terms of any grant or endowment relating to that institution which is required to be determined in the prescribed manner.

The Sub-committee was requested to bear in mind the need inter alia for 'proper classification of the country into different areas on the basis of certain criteria like population, cost of living, etc. First, we shall dwell upon the issue whether the High Court, in exercise of the revisional jurisdiction, should have adverted to the merits of the case in extenso. The principles for its guidance were, However, laid down and they prescribed the circumstances which were to be taken into consideration before 183 such determination was made by the Wage Board.

It is well settled in law that inherent as well as revisional jurisdiction should be exercised cautiously. It is also not in dispute that in the Act of 1959 which came into force on 11. 33 of the Act on that law as to the power of the master to suspend. Besides containing provisions for appeal, as per Section 18 the Head of religious or charitable institution is obliged to submit to the Deputy Commissioner a return giving the particulars of all his lands including the lands selected for retention under Section 5, etc.

485 It is clear therefore that Industrial Tribunals have the power to go beyond the ordinary law of master and servant, if circumstances justify it. Bangshi Nath reported in AIR 1940 Cal. This was the only reference to this requirement of s. The consequences of such notification take place as per Sections 4 to 6 leading to the payment of compensation which is determined under Section 8 and as per sub- section (5) thereof the net income as per calculations is required to be paid in cash annually as perpetual annuity as compensation to the Head of the institution for lands acquired under the Act.

, that the decision of the Wage Board has not taken into consideration the capacity to pay of any particular newspaper establishment. 269 is a judgment of Calcutta High Court dated 30. At its preliminary meeting held on May 26, 1956, the Board set up a SubCommittee to draft a questionnaire to be issued to the various journals and organisations concerned, with a view to eliciting factual data and other relevant information required for the fixation of wages. It remains to consider, however, whether the Wage Board really understood this category in that sense and in fact applied its mind to it.

Admittedly, the Dolois as agents of Bordeoris are recognized as the Head of the public religious endowment of Kamakhya including the Maa Kamakhya Temple. We now come to the most important ground, viz. Another judgment in the case of Baroda Kanta v. As the factual matrix would reveal, the learned Single Judge has dwelled upon in great detail on the statements of the witnesses to arrive at the conclusion that there are remarkable discrepancies with regard to the facts and there is nothing wrong with the investigation.

1963 and in the Rules of 1963 framed thereunder, there are provisions requiring the identification of the Head of a religious or charitable institution as defined in Section 2(d) in whom the control and management of the properties of that institution is vested. Basically, the power is required to be exercised so that justice is done and there is no abuse of power by the Court. All the cases to which we have been referred with respect to the ordinary law of master and servant had no occasion to consider the impact of s.

In these cases the decision of the Labour Appellate Tribunal has proceeded strictly on the basis of the ordinary law of master and servant without regard to the, fundamental change introduced in that law by the enactment of s. However, when factual appreciation is involved, then it must find place in the class of cases resulting in a perverse finding. Normally, a revisional jurisdiction should be exercised on a question of law. 1939 which again clearly recognized the custom of exclusive control of Dolois elected by Bordeori families to be incharge of religious as well as secular affairs of Kamakhya temple and endowment.

We have, therefore, to see whether it would be reasonable for an Industrial Tribunal where it is dealing with a case to which s. In fact, he has noted certain facts and deduced certain conclusions, which, as we find, are beyond the exercise of revisional jurisdiction. The notification of acquisition under Section 3(2) has to be served on such Head in the manner prescribed. As we have already seen, the fixings: of rates of wages by the Wage Board did not prescribe whether the wages which were to be fixed were minimum wages, fair wages, or living, wages and it was left to the discretion of the Wage Board to determine the same.