OP Ltd. wants to create a trust for the benefit of employees of the Company and their spouses and children. Decide with reasons whether this trust will be Public Trust or Private Trust. Also state the differences between

A trust for the benefit of employees of a company however numerous would not be considered as public trust because who the beneficiaries are known. Therefore, the trust to be created by OP Ltd. for the benefit of employees of the Company and their spouses and children will be a Private Trust. The differences between Public Trust and Private Trust are as follows: Identification of the beneficiaries: A simple way to differentiate between a public and a private trust. If the beneficiaries make up a large or substantial body of public, then the trust in question is public. A public trust exists "for the purpose of its objects, the members of an uncertain and fluctuating body," and is managed by a Board of Trustees. If, however, the beneficiaries are a narrow and specific group such as the employees of a company, then the Trust is private. Interest vested: In a Public Trust, the interest is vested in an uncertain and fluctuating body. They are the general public or class thereof. In a Private Trust, beneficiaries are definite and ascertained individuals. (Supreme Court in Deoki Nandan v. Murlidhar 1957 AIR 133 1956 SCR 756 ) Domain: Their domains are different; public trusts have larger and wider domain whereas private trusts have limited and narrow domain.