Indian Kanoon - Search engine for Indian Law

92. Under regulation 14 (xviii) of the Memorandum of Association and Rules and Regulations of defendant, which is Ex. PW1/2, the Board of Trustees has the powers to prescribe the functions, duties and powers of the Director, the Treasurer and the Secretary. This is a document which is in the public domain. These powers have been exercised by the Board of Trustees vide a Resolution dated 2nd March 1983. This is a document which is in public domain. The Board of Trustees vide Resolution dated 2nd March, 1983 approved the Financial and Administrative Powers of various authorities and vis­à­vis the post of the plaintiff amongst others the powers have been vested in Director and the Appellate Authority is Board of Trustees. As the plaintiff has, in the present suit, in so many challenged the said resolution as well as the authority of the Board of Trustees to delegate he cannot deny the existence of the document.

93. As per the Memorandum of Association and Rules & Regulations of defendant, contained in Ex. PW1/2, the defendant is within its right to delegate its powers. This right cannot be challenged by the plaintiff in these proceedings.

94. No organization can afford to remain static. With its growth and increase of its scope of work and workforce there is need to create tiers into its hierarchy and if need be to create new bucks, new responsibilities, new hierarchical levels. An employee on the one side being the beneficiary of the growth and getting promotions/raise in salary (but for the growth the promotions/salary hikes would not have been forthcoming) cannot take an objection to the delegation of authority by the Governing or Executive Body. The wisdom of the Board of Trustees cannot be challenged by the plaintiff in these proceedings.