can an employee of Hazi Musalim Musafir Khana be terminated without any notice or procedure , that the entities’ of the employer falls under the scope of Rajasthan Musalim waqf board , the employee(musalim) was terminated by the mutwali due to his second marriage and
Musafi Khan for Hajis basiscally provide boarding and lodging to the devotees (if I correctly understand) and fall in category of industry and cannot be away from ID Act even if run by a religious trust. I do not understand if this Board is state body or not. I believe that dismissal without chargesheet was not the correct procedure. If th Wakf Board has framed ay service rules forbidding dual marriage (without any exception to muslims) like Govt or adopted Govt rules by resolution the action may be lawful on mertis.
A wakf if it falls within the definition of "industry" as per Bangalore Water supply case that is conducting any systematic activity with the cooperation of employees for the satisfaction of public demands, it will fall in the category of industry. Therefore I.D.Act will apply and the concerned employee will be a workman unless he is doing managerial work. If the appointment letter debars the workman from second marriage and said terms are accepted by him, second marriage will amount to a misconduct. Otherwise, the employee being a muslim, cannot be terminated for second marriage, because he is entitled for second marriage as per mohemedan law applicable to him.