Ruma Pal, J.

1. The dispute involved in this appeal is as to the date of the respondent's retirement as Director in the appellant Institute.

2. The appellant Institute was registered under the West Bengal Registration of Societies Act, 1961 (referred to as the Act) in 1976 and is an autonomous organisation under the Ministry of Health and Family Welfare of the Government of India. The Memorandum of Association of the Institute and the National Institute of Homoeopathy Rules and Regulations (hereinafter referred to as the Rules) were approved at the first meeting of the Governing Body of the Institute on 20.4.1976.

3. The rules provide for the Governing Body of the Institute to control and manage the affairs of the Institute. The Governing Body is composed of the following persons :

(a) Union Minister of Health & Family President

Welfare, Government of India.

(b) Health Minister, Government of Vice-President

West Bengal.

(c) Additional Secretary, Ministry of Vice-President

Health & Family Welfare, Government

of India concerned with Homoeopathy

in the Ministry.

(d) Financial Adviser to the Ministry of Member

Health and Family Welfare, Government

of India.

(e) Secretar