Umeshwar Akshaywar Dubey vs Shree Sainath Sarvajanik Seva Mandal … on 16 February, 2026

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    Gujarat High Court

    Umeshwar Akshaywar Dubey vs Shree Sainath Sarvajanik Seva Mandal … on 16 February, 2026

    Author: Bhargav D. Karia

    Bench: Bhargav D. Karia

                                                                                                                    NEUTRAL CITATION
    
    
    
    
                               C/LPA/2319/2017                                     JUDGMENT DATED: 16/02/2026
    
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                                       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    
                                          R/LETTERS PATENT APPEAL NO. 2319 of 2017
    
                                            In R/SPECIAL CIVIL APPLICATION/21883/2016
    
    
                          FOR APPROVAL AND SIGNATURE:
    
    
                          HONOURABLE MR. JUSTICE BHARGAV D. KARIA
                          and
                          HONOURABLE MR.JUSTICE L. S. PIRZADA
    
                          ==========================================================
    
                                      Approved for Reporting                      Yes           No
    
                          ==========================================================
                                            UMESHWAR AKSHAYWAR DUBEY
                                                      Versus
                                 SHREE SAINATH SARVAJANIK SEVA MANDAL TRUST & ANR.
                          ==========================================================
                          Appearance:
                          MR DG SHUKLA(1998) for the Appellant(s) No. 1
                          MR HARSHEEL D SHUKLA(6158) for the Appellant(s) No. 1
                          DELETED for the Respondent(s) No. 2
                          MR AK CLERK(235) for the Respondent(s) No. 1
                          ==========================================================
    
                           CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
                                 and
                                 HONOURABLE MR.JUSTICE L. S. PIRZADA
                                            Date : 16/02/2026
    
                                                             ORAL JUDGMENT

    (PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)

    1. Heard learned advocate Mr.D.G. Shukla appearing for

    SPONSORED

    the appellant and learned advocate Mr.A.K. Clerk for the

    respondent No.1 – Trust.

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    2. By this appeal under Clause 15 of the Letters Patent,

    1865, the appellant – petitioner has challenged the Judgment

    and Order dated 02.08.2017 passed by learned Single Judge

    in Special Civil Application No.21883 of 2016.

    3. The learned Single Judge dismissed the said petition

    wherein, the Order dated 03.09.2016 passed by the Labour

    Court, Navsari in Reference (LCN) No.1 of 2014 is upheld and

    it is held that the Labour Court did not commit any error by

    coming to the conclusion that the appellant could not be

    termed as a workman within the meaning of Section 2(s) of

    the Industrial Disputes Act, 1947 (for short, the “I.D. Act“).

    4. The brief facts of the case are as under: –

    4.1. The appellant was working as a Pujari in the Temple run

    and manged by the respondent No.1 – Trust with effect from

    10.03.1999. The appellant was performing Pooja and Aarti at

    the Temple and was initially paid Rs.1200/- per month

    towards his remuneration.

    4.2. It is the case of the appellant that the respondent No.1 –

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    Trust was managing Shri Saibaba Temple and was also selling

    ‘Bundi Ladu’, coconut etc. The respondent No.1 – Trust had

    employed 3 Pujaris, 1 Manager, 2 persons for taking

    donations, 6 staff members for general administration of

    various activities, 2 cooks and 20 workmen for preparing

    ‘Bundi Ladus’ and cleaning the Temple and other premises

    and accordingly, the respondent No.1 – Trust was carrying

    out its religious and commercial activities by employing about

    35 to 40 workmen.

    4.3. It is the case of the appellant that his service was

    terminated on 30.11.2012 by the respondent No.1 – Trust

    without any notice, notice pay, retrenchment compensation or

    without following any legal procedure and contrary to the

    principles of natural justice. The appellant, therefore, raised

    the industrial dispute by filing a complaint before the

    Conciliation Officer, Navsari on 09.10.2014, which was

    referred to the Labour Court, Navsari being Reference (LCN)

    No.1 of 2014.

    4.4. The appellant submitted his Statement of Claim praying

    to reinstate him on his original post with continuity of service

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    and full back wages on the ground that the respondent No.1 –

    Trust is an ‘Industry’ within the meaning of Section 2(j) of the

    I.D. Act as the respondent No.1 – Trust is carrying on

    commercial and business activity by selling ‘Bundi Ladus and

    coconuts’ and other Pooja articles and, therefore, there is a

    breach of the provisions of Section 25F, 25G and 25H of the

    I.D. Act.

    4.5. The respondent No.1 – Trust submitted its written

    statement at Exh.8 on 20.11.2014 denying the allegations

    made in the Statement of Claim. However, it was admitted by

    the respondent No.1 that the appellant was working as Pujari

    since 1999 and by Resolution passed on 30.11.2012, his

    service was terminated.

    4.6. The appellant, thereafter, submitted documentary

    evidence on record including the copies of money receipts

    issued by the respondent No.1 – Trust for sale of ‘Bundi

    Ladus.’ The appellant was also cross-examined on behalf of

    the respondent No.1 – Trust. The respondent No.1 – Trust

    thereafter, submitted application dated 14.07.2016 at Exh.31

    to decide whether the Labour Court is having jurisdiction to

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    entertain the Reference or not, as the appellant was working

    as Pujari and, therefore, cannot be said to be a ‘Workman’

    under Section 2(s) of the I.D. Act, as preliminary issue.

    4.7. The appellant filed reply at Exh.32 on 28.07.2016

    raising the dispute that such application could not have been

    entertained at a belated stage as the deposition of the

    appellant was already completed. The Labour Court allowed

    the application and framed the preliminary issue at Exh.37 as

    to whether the appellant could be termed to be a workman within

    the definition of the Industrial Disputes Act.

    4.8. The Labour Court after considering the submissions

    made by both the sides, passed an order dated 03.09.2016 on

    the preliminary issue by rejecting the Reference holding that

    the appellant was not covered within the definition of

    ‘workman’ under Section 2(s) of the I.D. Act and hence labour

    Court has no jurisdiction to proceed with the reference.

    4.9. The appellant, therefore, being aggrieved by the order of

    the Labour Court dated 03.09.2016 preferred Special Civil

    Application No.21883 of 2016 before this Court. The learned

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    Single Judge after considering the submissions made by both

    the sides, dismissed the petition by observing as under: –

    “6.1 The Labour Court had vide Exh. 37 framed
    Preliminary Issue as to whether the petitioner
    could be termed to be a workman within the
    definition of the Industrial Disputes Act. The
    Labour Court has recorded its findings qua the
    said issue framed by it vide the impugned order
    dated 03.09.2016. This Court has taken into
    consideration the reasons recorded by the Labour
    Court. The Labour Court has, in its findings,
    starting from Para 7 onwards noted that, the
    petitioner could not be termed to be a workman,
    for the reasons recorded therein.

    xxxxx

    6.3 When the material on record before the
    Labour Court is weighed viz-a-viz the law in that
    regard, this Court finds that the Labour Court has
    not committed any error by coming to the
    conclusion the the petitioner could not be termed
    as a workman with the meaning of Section 2(s) of
    the Industrial Disputes Act, 1947. No interference
    therefore is required.

    6.4 The decisions relied by learned advocate for
    the petitioner would not help the petitioner in
    view of the decision of Supreme Court of India as
    noted above.”

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    4.10. The learned Single Judge has also referred to and

    relied upon the decision of the Hon’ble Apex Court in the case

    of H.R. Adyanthaya and Others V.s Sandoz (India) Ltd.

    and Others reported in (1994) 5 SCC 737 wherein, it is held

    that a person to be a workman under the I.D. Act must be

    employed to do the work of any of the categories i.e. manual,

    unskilled, skilled, technical, operational, clerical or

    supervisory. It was therefore held by the learned Single Judge

    that as the Pujari is not falling in any of these categories, the

    Labour Court has rightly held that the appellant cannot be

    termed as ‘Workman’ under Section 2(s) of the I.D. Act, which

    is confirmed by the learned Single Judge.

    4.11. Being aggrieved, the appellant has preferred this appeal

    which is admitted by order dated 24.01.2018 by the Co-

    ordinate Bench as the issue involved in the appeal is whether

    the Pujari offering the services in the Temple can be said to be

    a ‘workman’ or not.

    5. Learned advocate Mr.D.G. Shukla for the appellant

    submitted that the learned Single Judge has not appreciated

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    the submissions on behalf of the appellant that the Labour

    Court has erred in allowing the application at Exh.31

    submitted by the respondent No.1 – Trust at a belated stage

    after the deposition of the appellant was completed on

    21.04.2016 and after submission of the several documents by

    the appellant in evidence.

    5.1. It was pointed out that the application for preliminary

    issue was submitted almost after about two years from the

    date of submission of the written statement on 20.11.2014. It

    was, therefore, submitted that the Labour Court could not

    have allowed the application Exh.31 to frame and decide the

    preliminary issue and thereafter, reject the Reference of the

    appellant, contrary to the settled legal position to hold that

    the appellant cannot be considered as ‘workman’ within the

    meaning of Section 2(s) of the I.D. Act.

    5.2. It was submitted that the judgments and decisions relied

    upon by the appellant wherein, it is held that the Temple is an

    ‘Industry’ and the provisions of the I.D. Act would be

    applicable to such Trust running and managing Temple,

    therefore, the Pujari, performing the Pooja is manual work

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    and would fall within the definition of ‘Workman’ under

    Section 2(s) of the I.D. Act. It was, therefore, submitted that

    the learned Single Judge has committed an error by not

    dealing with the submissions made on behalf of the appellant

    as the Labour Court, ignored the deposition of the appellant

    as well as the documents submitted by him to prove that the

    respondent No.1 – Trust is carrying on commercial activities

    and, therefore, it is an ‘Industry’ and the appellant is a

    ‘workman’ under Section 2(s) of the I.D. Act.

    5.3. Learned advocate Mr. Shukla, in support of his

    submissions, referred to the decision of the learned Single

    Judge Hon’ble Bombay High Court in the case of Cutchi Visa

    Oswal Derawasi Jain Mahajan vs. B.D. Borude, I.T.

    Maharashtra, reported in 1987(1) LLJ 81 (Bombay).

    Referring to the said decision, it was submitted that in the

    facts of the said case, the Hon’ble Bombay High Court has

    held that when the charitable trust is carrying on religious

    activity of managing the Temple and carrying out commercial

    activities then, it cannot be said that the Charitable Trust

    merely provides spiritual benefits and not material benefits. It

    was held that the Pujari is engaged for giving service to the

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    devotees, and the services are not necessarily spiritual in

    nature. In the facts of the said case, as the Charitable Trust

    acquired large properties at several places in Bombay and

    was letting out the same and the workmen were employed to

    give services at those properties, which was held to be non-

    religious in nature and it was, therefore, held that the

    charitable Trust was an undertaking under the definition of

    ‘Industry’ within the meaning of I.D. Act.

    5.4. It was, therefore, submitted that in the facts of present

    case also, when the respondent No.1 – Trust is carrying out

    the commercial activities by selling ‘Bundi Laddus’, coconut

    etc. , the same would fall within the definition of ‘Industry’

    under Section 2(j) of the I.D. Act and the appellant,

    performing as Pujari in the Temple would be covered by

    definition of ‘Workman’ under Section 2(s) of the I.D. Act.

    5.5. Learned advocate Mr. D.G. Shukla referred to and relied

    upon the decision of the learned Single Judge of Hon’ble

    Calcutta High Court in the case of Workmen of

    M/s.Baikuntha Nath Debasthan Trust (Baikuntha Nath

    Debasthan Mandir Trust) Rep. By Paschimbanga

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    Byabasayi Sramik Sengstha vs. State of West Bengal,

    reported in 1990(2) CalLT 42 wherein the Hon’ble Calcutta

    High Court held that when the Pujari on a regular wage basis

    perform Pooja then he would be covered under the definition

    of ‘Workman’ as the institution was running more on a

    commercial than spiritual line and, therefore, would be

    covered within the definition of ‘Industry’ under Section 2(j) of

    the I.D. Act.

    5.6. Reliance was also placed on the decision of the Hon’ble

    Himachal Pradesh High Court in the case of Rakesh Kumar

    vs. Commissioner-cum-deputy Commissioner, Baba,

    reported in 1991(1) CLJ (HP) 302 wherein, it was held in

    the facts of the case that Baba Balaknath Temple Trust was

    carrying out the construction activities at large scale over a

    period of time and additionally, it was running an Ayurvedic

    dispensary, Degree College with U.G.C. Scale to the staff and

    School etc. and, therefore, relying upon the decision of the

    Hon’ble Apex Court in the case of Bangalore Water Supply

    & Sewerage Board vs. A. Rajappa and others, reported in

    1978(2) SCC 213, the Trust was held to be an industry

    within the provisions of Section 2(j) of the I.D. Act by

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    observing as under:-

    “10. No doubt, those activities of the Trust
    pertaining to pooja and Archna’ in the temple of
    the Trust including material things or services
    geared to celestial bliss e. g making, on a large
    scale, ‘prasad’ or food exclusively for offering to
    the Deity are spiritual or religious and those
    employees who are engaged in these activities are
    not workmen by definition and may not be
    governed by the provisions of the Act. The number
    of these employees must be nominal as compared
    to employees who are engaged in the production
    and/or distribution of goods and services
    calculated to satisfy human wants and wishes of
    devotees who visit the temple of the Trust.
    Therefore, by applying the dominant nature test
    as held in para 143 (a) of Bangalore Water Supply
    (supra), the Trust is an Industry. It is not the case
    of the trust that the petitioners were engaged for
    such activities which are purely spiritual or
    religious, for which it must be having regular
    staff. Therefore, in answer to the first question we
    hold that the Trust is an industry and the
    petitioners being its daily wage workers are its
    workmen, who are governed by the provisions of
    the Industrial Disputes Act. We need not refer to
    the authorities cited by the learned Counsel for
    the parties wherein the religious trusts have been
    held either industry or not, as these are decided in
    the facts and circumstances on record of those

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    cases.”

    5.7. Learned advocate Mr. Shukla also referred to and relied

    upon the decision of the learned Single Judge of the Hon’ble

    Bombay High Court in the case of Devadeveshwar Sansthan

    Parvati And Kothrud vs. Sushila Raghu Kadu, reported in

    2002(4) LLJ 28 wherein, it was held that the Trust employing

    about 40 workmen in the category of Malis, Peons, Watchmen

    and Sweepers etc. would be covered by the definition of

    Section 2(j) of the I.D. Act because in the said case, the Trust,

    in addition to maintenance of the Temple, also maintained a

    Museum and a Gallery.

    5.8. Reliance was placed on the decision of the Hon’ble Apex

    Court in the case of Gajanan Maharaj Sanathan vs.

    Gajanan Karamchari Sangh, reported in 2002(10) SCC

    531 wherein, Gajanan Maharaj Trust, carrying out religious

    and charitable activities, was ordered to be considered in light

    of the decision of the 7 Judge Bench in the case of Bangalore

    Water Supply & Sewerage Board (supra) and the order of the

    High Court was set aside and the matter was remanded back

    to inquire into the nature and activities carried out by the

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    employees of the Trust.

    5.9. Learned advocate Mr.Shukla, therefore, submitted that

    in view of the above settled legal position, the appellant –

    original petitioner, serving as Pujari, is covered in the

    definition within the meaning of Section 2(s) of the I.D. Act to

    be termed as ‘Workman’ and, therefore, the impugned orders

    passed by the Labour Court as well as by the learned Single

    Judge may be quashed and set aside and the matter may be

    sent back to the Labour Court to decide the Reference on

    merits as there is clear violation of the provisions of Section

    25F, 25G and 25H of the I.D. Act by the respondent No.1 –

    Trust.

    6. On the other hand, learned advocate Mr. A. K. Clerk for

    the respondent No.1 – Trust submitted that Shri Saibaba

    Temple managed by the respondent No.1 cannot be

    considered as ‘Industry’ as per Section 2(j) of the I.D. Act. It

    was submitted that the respondent No.1 – Trust is registered

    under the provisions of the Bombay Public Trust Act, 1950 for

    charitable purposes and cannot be considered as an

    ‘Industry’. It was further pointed out that the learned Single

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    Judge of this Court in the case of Indravadan N. Adhvaryu

    vs. Laxminarayan Dev Trust Through Chief Executive

    Kothari, reported in 2011(2) LLJ 273 has held that the

    respondent – Trust cannot be considered as an ‘Industry’,

    which was confirmed by the Division Bench of this Court in

    Letters Patent Appeal No.2386 of 2010, reported in 2011(2)

    LLJ 275. Learned advocate Mr. Clerk also referred to and

    relied upon the recent decision of the Hon’ble Apex Court in

    the case of Indravadan N. Adhvaryu Pipala Fali Modhvada

    vs. Laxminarayan Dev Trust passed in Civil Appeal

    No.7549 of 2011 wherein, the Hon’ble Apex Court has held

    that Laxminarayan Dev Trust, is a Temple and as such, should

    not fall within the four corners of expression “Industry” and

    has not interfered on merits.

    6.1. Reliance was also placed on the decision of the Division

    Bench of this Court in the case of Manager, Panchasara

    Jain Derasar, Patna Dist. vs. Mahmadkha Gajikha Baloch

    reported in 1993(1) GLH (UJ)9 by quashing and setting

    aside the order of the Labour Court whereby, it was held that

    the petitioner – Temple was an ‘Industry’. It was pointed out

    that the Hon’ble Apex Court did not interfere in the decision

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    of the Division Bench and closed the matter on payment of

    compensation.

    6.2. Reliance was also placed on the decision of the learned

    Single Judge in the case of Aarsuri Ambaji Mata Devasthan

    Trust vs. Motiji Meghaji Rabari reported in 2021 LawSuit

    (Guj) 91 wherein, it was held that the petitioner – Trust was

    managing the Temple and activity of providing lunch and

    dinner on concessional basis to the pilgrims, shall not be

    treated as an industrial work but, it was considered to be a

    part of charitable activity.

    6.3. Learned advocate Mr. Clerk referred to and relied upon

    the decision of the Hon’ble Andhra Pradesh High Court in the

    case of Varaha Lakshmi Narasimha Swamy Vari

    Devasthanam, Rep. By its Executive Officer,

    Simhachalam vs. State of Andhra Pradesh, Rep. By its

    PRL Secretary and 2 others, reported in 2020 2 ALD 22

    wherein, it was held by the learned Single Judge of the

    Hon’ble Andhra Pradesh High Court as under:-

    [8] The legal position in this regard is not res

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    nova and the same has been well settled. The
    question whether a temple rendering religious
    and spiritual services to the pilgrims, who
    visit the temple to worship the presiding Deity
    in the temple is a religious institution or an
    industry, has fallen for consideration on many
    occasions before the Apex Court and various
    High Courts including the High Court of
    Andhra Pradesh. Therefore, it is expedient to
    consider the relevant judgments on the point
    which are of precedential guidance which
    throw light on the controversy involved in this
    lis to decide whether the temple whose
    primary objective is to render religious and
    spiritual services to the pilgrims of the
    temple, is to be considered as an industry
    under the Industrial Disputes Act or not.

    [9] The Division Bench of the High Court of
    Orissa in the case of Harihar Bahinipaty v.
    State of Orissa
    , 1965 10 FLR 313 had an
    occasion to deal with the issue whether the
    management of Puri Jagannath Temple and its
    workmen comes within the purview of the
    Industrial Disputes Act or not. The workers
    working in Sri Jagannath Swamy Temple,
    Puri, raised a dispute before the Assistant
    Labour Commissioner for conciliation for
    redressal of their grievance relating to
    payment of arrears of salary by the
    management of the Temple. The conciliation

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    failed. So, the workers moved the State
    Government for referring the dispute for
    adjudication to the Industrial Tribunal under
    the Industrial Disputes Act. The State
    Government declined to refer the dispute
    under the Industrial Disputes Act on the
    ground that there is no case for reference of
    the dispute for adjudication as the dispute
    between the management of the Temple and
    its workmen does not come within the
    purview of the Industrial Disputes Act, 1947.
    Therefore, challenging the decision of the
    State Government, the workers of the Temple
    approached the High Court invoking the writ
    jurisdiction. The Division Bench of the Orissa
    High Court considered the earlier precedents
    rendered on the subject and held at
    paragraph No.22 of the judgment as follows:

    “22. It is thus abundantly clear that
    Shri Jagannath Temple is not an
    institution where material human
    needs are being met. It is primarily a
    spiritual institution. The Ballav that is
    prepared is offered to the deity as
    Bhog. It is therefore sold as prasad. It
    is not that the Temple serves the
    purpose of a hotel for catering
    foodstuffs. The maintenance of order
    and discipline and proper hygienic
    conditions in the temple and of proper

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    standard of cleanliness and purity in
    the offerings made therein, as
    required under Section 15(4) of the
    Shri Jagannath Temple Act 11 of 1955,
    is for preserving spiritual atmosphere
    of the temple and for providing
    facilities to the pilgrims to have
    peaceful Darshan of the Deity. The
    primary object is spiritual. The
    petitioners are to maintain peace and
    tranquility inside the temple. The duty
    of maintaining order and discipline
    inside the temple is different from the
    duty of the policeman to keep law and
    order outside on the public road. The
    duty of the petitioners inside the
    Temple is akin to that of teachers to
    maintain order and In a class room in
    an educational institution.”

    10] Having held so, the Division Bench of the
    Orissa High Court ultimately held that the
    main objective of an institution is always to be
    kept in view. As the spiritual side is the
    ultimate object of Shri Jagannath Swamy
    Temple, it cannot be sald that it is an
    industry. The duties of the management of the
    temple are to keep the temple in order and to
    see that there is no irregularity. Thus, one of
    the features which are distinctive to which
    Section 2(j) applies are present in the instant

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    case. Therefore, the High Court of Orissa
    upheld the decision of the Orissa Government
    in declining to refer the dispute under the
    Industrial Disputes Act on the ground that the
    dispute between the management of the
    temple and the workmen does not come
    within the purview of the Industrial Disputes
    Act
    .

    [11] The Division Bench of Andhra Pradesh
    High Court in the case of Tirumala Tirupati
    Devasthanam v. Commissioner of Labour
    ,
    1979 1 LLJ 448 AP had an occasion to deal
    with the issue whether the Tirumala Tirupati
    Devasthanam is an industry as defined under
    Section 2(1) of the Industrial Disputes Act and
    whether its employees are workmen as
    defined under Section 2(s) of the Act or not.
    The Division Bench of this High Court
    considered various judgments rendered by
    various High Courts and also the Apex Court
    on the said controversy and elaborately
    discussed the legal position in this regard and
    ultimately held at paragraph No.22 of the
    judgment as follows:

    “22. The Tirumala Tirupathi
    Devasthanam consists of a group of
    religious institutions in Tirumalai and
    Tirupathi. They are together regarded

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    as one religious institution for the
    purposes of Charitable and Religious
    Endowments Act. The main function of
    the Devasthanam is to arrange for the
    worship in its temples and to enable the
    pilgrims from all parts of India to visit
    temples and offer their prayers. It is,
    therefore, essentially a religious
    institution. Having regard to the
    enormous income, which this
    Devasthanam derives, it utilises the
    income for various educational and
    religious purposes. It has established
    several educational institutions and
    also it is one of the prime donors of the
    Venkateswara University. In order to
    cater to the thousands of pilgrims
    especially to the temple of Tirumalai,
    the Devasthanam also runs several
    canteens, dispensaries, etc. It has
    necessarily to provide for transport of
    the pilgrims, which it was undertaking
    on its own till recently. It has
    departments dealing with supply of
    electricity and water, not only to the
    pilgrims but to the members of the
    staff, Archakas, etc., and to the
    quarters constructed in Tirumala for
    the benefit of the pilgrims. Even
    though, having regard to the enormous
    flow of pilgrims throughout the year the

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    Devasthanam has to maintain several
    departments, there can be no doubt
    that the essential character of the
    institution is that of a religious
    institution. We cannot, therefore,
    regard the Devasthanam generally as
    an industry within the meaning of
    Trade Unions Act or within the meaning
    of Industrial Disputes Act.”

    [15] Thus, from the conspectus of law
    enunciated in the above judgment of the
    Division Bench of this High Court, the legal
    position is now manifest that when the
    primary object of the Temple/Endowment is to
    render spiritual services to the pilgrims
    visiting the Temple to worship the Deity and
    its predominant activity is a religious and
    spiritual activity, the Temple or the
    Endowment, as the case may be, as a whole
    cannot be regarded as an industry, bringing
    the same within the purview of the definition
    of the industry as defined under Section 2(j) of
    the Industrial Disputes Act. Therefore, any
    dispute that arises between the Endowment
    and its employee cannot be regarded as an
    industrial dispute and the employee of the
    said Temple or Endowment cannot be
    considered as a workman as defined under
    Section 2(s) of the Act. So, no right is
    conferred on any such employee appointed by

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    the Endowment to raise an industrial dispute
    under the Industrial Disputes Act in
    connection with any dispute that arose
    between the Endowment and the employee.

    [16] The learned counsel for the 3rd
    respondent relied on the judgment of the High
    Court of Himachal Pradesh in the case of
    Jagbir Singh v. State of Himachal Pradesh,
    1999 2 LLJ 304 HP wherein it is held that the
    Trust is an industry and the writ petitioners
    who were working in the said Trust are
    workmen and as they were retrenched
    without giving notice and compensation as
    provided under Section 25-F of the Industrial
    Disputes Act that the dispute raised by them
    is valid.

    [17] As it is found in the said case that the
    Baba Balak Nath Temple is a Trust, in the fact
    situation obtained in the said case, the High
    Court of Himachal Pradesh held that the Trust
    is an industry. The said case is distinguishable
    on facts and it is not of use to the case set up
    by the 3rd respondent herein. The petitioner
    in this writ petition is not a Trust. It is a
    religious Endowment Temple and in view of
    the judgment of the Division Bench of Andhra
    Pradesh High Court in Tirumala Tirupati
    Devasthanam
    ‘s case (3) supra) which prevails

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    over the judgment of other High Court,
    considering the ratio laid down in the said
    judgment, this Court arrived at a conclusion
    that the petitioner/Temple is not an industry
    and the 3rd respondent is not a workman.

    [18] However, the legal position as enunciated
    by the Division Bench of this High Court in
    the above judgment, after undertaking a
    laborious exercise of surveying the entire law
    on the subject with reference to the earlier
    precedents rendered by the Apex Court is that
    when the Temple or the Endowment, as the
    case may be, maintains other individual
    departments like Engineering Department,
    Transport Department, Water Department
    etc., then the said separate departments as
    individual units can be regarded as an
    industry and employees working in the said
    separate units can be considered as workmen
    and any dispute which arises between the
    employer and employee relating to the said
    separate units is amenable to raise an
    industrial dispute.

    [19] Applying the aforesaid tests, if the
    dispute on hand is considered, it is to be held
    that Sri Varaha Lakshmi Narasimha Swamy
    Vari Temple, which is declared as an
    endowment under Section 6(a)(ii) of the

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    Endowments Act and registered under
    Section 43 of the Endowments Act, whose
    primary object is to render spiritual services
    to its pilgrims visiting the Temple from all
    over the country to offer worship to the
    presiding Deity of the Temple which is
    religious activity and having regard to the
    said predominant activity of the Temple, it is
    to be held that the petitioner
    Temple/Endowment as a whole cannot be
    regarded as an industry.”

    6.4. Reliance was placed on the decision of the Full Bench of

    the Hon’ble Karnataka High Court in the case of

    Mookambika Temple, Kollur vs. Raviraja Shetty and

    Ors., reported in AIR 2020 KARNATAKA 60, wherein the

    Full Bench of the Hon’ble Karnataka High Court has held that

    a temple cannot come within the definition of ‘Industry’ under

    the provisions of Section 2(j) of the I.D. Act, which defines

    ‘Industry’ to mean any having business, trade, undertaking,

    manufacture or calling of employers and includes any calling,

    service, employment, handicraft, or industrial occupation or

    avocation of workmen. It is also held that the Temple does not

    come within the expression “Industrial Establishment or

    undertaking” under Section 2(ka) of the I.D. Act. The Full

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    Bench of the Hon’ble Karnataka High Court has also

    considered the decision of the Hon’ble Orissa High Court in

    the case of Shri Jagannath Temple, reported in 1992 Lab

    IC 1621 (Ori) wherein, the pertinent question was whether

    the provisions of the Payment of Gratuity Act were applicable

    to its employees or not and the Division Bench of the Hon’ble

    Orissa High Court held that the provisions of Section 1(3)(b)

    of the Payment of Gratuity Act are not restricted only to

    commercial establishments but, to establishment within the

    meaning of any law for the time being in force in relation to

    establishments in a State.

    6.5. Learned advocate Mr. Clerk also referred to the decision

    of the Hon’ble Rajasthan High Court in the case of

    Pushkarlal S/o Bhanwar Lal Shrimali vs. Administrative

    Officer, reported in 2021 LLR 725, wherein the Hon’ble

    Rajasthan High Court, after considering the scope of work of

    Pujari in a Temple, held that a Pujari would not be covered by

    the definition of “Workman” within the meaning of Section

    2(s) of the I.D. Act. However, the Hon’ble Rajasthan High

    Court in the said decision, has held that even if the Temple

    falls within the definition of “Industry” given in Section 2(j) of

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    the I.D. Act, the Pujari is not a “Workman” as per the

    provisions of I.D. Act and, therefore, the Labour Court has no

    jurisdiction to adjudicate the dispute referred by the

    appropriate Government. It was pointed out that the Special

    Leave to Appeal (C) No.5675 of 2021 arising out of the

    aforesaid Judgment of the Hon’ble Rajasthan High Court has

    been dismissed by the Hon’ble Apex Court by order dated

    12.04.2021.

    6.6. Learned advocate Mr. Clerk for respondent No.1 – Trust

    referred to the following decisions to canvass that the

    persons, who are not performing the work of the nature

    specified in the definition of the term “Workman” under

    Section 2(s) of the I.D. Act are not “Workmen”.

    (1) Burmah Shell Oil Storage and Distributing
    Co. of India Ltd. vs. The Burmah Shell
    Management Staff Association and others
    ,
    reported in AIR 1971 SC 922.

    (2) H.R. Adyanthaya and Others V.s Sandoz
    (India) Ltd. and Others reported in (1994) 5
    Supreme Court Cases 737

    (3) Miss. A. Sundarambal vs. Government of

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    GOA, Daman and Diu and others, reported in
    (1988)4 SCC 42.

    (4) Mukesh K. Tripathi vs. Senior Divisional
    Manager, LIC and others
    reported in (2004)8 SCC
    387.

    (5) Muir Mills Unit of NTC (U.P.) Ltd. vs.
    Swayam Prakash Srivastava and another
    , reported
    in (2007)1 SCC 491.

    (6) C. Gupta vs. Glaxo-Smithkline
    Pharmaceuticals Ltd.
    , reported in (2007)7 SCC
    171.

    (7) Lenin Kumar Ray vs. M/s. Express
    Publications (Madurai) Ltd., reported in 2024(12)
    SCALE 538.”

    6.7. Learned advocate Mr. Clerk also referred to and relied

    upon the following decisions in support of his contention that

    a Pujari performing Pooja in a Temple or a Pastor in a Church

    cannot be considered as a “Workman” within the definition of

    Section 2(s) of the I.D. Act:-

    (1) Laxmi Narayan Shastri vs. Shri Sanatan
    Dharam Sabha Laxmi Narayan Temple Trust
    ,
    reported in 2011 LawSuit (Del) 1128.

    (2) Sai Bhakta Samaj (Regd.) vs. Durga Prasad

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    and others, reported in 2007-I LLJ 651 (Delhi).

    (3) Ram Kishan Sharma vs. Presiding Officer and
    Another
    , reported in 2016 LLR 511 (P&H High
    Court).

    (4) Radhakrishna Bhakta vs. Subramanya Shastri,
    reported in 2006(2) LLJ 669 (Karnataka).

    (5) A. Kesava Bhatt and Sree Ram Ambalam Trust
    and another., in O.P. No.7451 of 1988-K dated
    September 23, 1988 (Kerala High Court).

    (6) M.R. Damon (Ms.), Mission Superintendent,
    P.B. No.17, Andivilla Bungalow, Kodaikanal and
    Another vs. Rev. M.M. Raja Dass, Chennai and
    Another
    , reported in 2003-II LLJ 730 (Madras).”

    6.8. Referring to the above Judgments, it was submitted that

    the appellant, who was working as a Pujari with the

    respondent No.1 -Trust, would not fall within the definition of

    “Workman” under Section 2(s) of the I.D. Act and, therefore,

    the Labour Court has no jurisdiction to adjudicate the

    Reference made by the appropriate Government. It was,

    therefore, submitted that no interference is called for in the

    impugned Judgment and Order passed by the learned Single

    Judge upholding the Order of the Labour Court, whereby the

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    Reference is rejected on the ground of jurisdiction.

    7. Having heard the learned advocates for the respective

    parties, two questions arise for consideration (1) whether Shri

    Saibaba Temple run by the respondent No.1 – Trust can be

    considered as an ‘Industry’ within the provisions of Section

    2(j) of the I.D. Act and if the answer to the first question is in

    affirmative or in alternative, (2) whether the appellant, who

    was performing the duties of Pujari would fall within the

    provisions of ‘Workman’ under Section 2(s) of the I.D. Act or

    not.

    8. The facts are not in dispute. The appellant – original

    petitioner was discharging his duties as Pujari of the Temple

    run and managed by the respondent No.1 – Trust. It would,

    therefore, be germane to refer to the relevant provisions of

    the I.D. Act as under:-

    “2(j) “industry” means any business, trade,
    undertaking, manufacture or calling of employers
    and includes any calling, service, employment,
    handicraft, or industrial occupation or avocation
    of workmen;

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    2(s) “workman” means any person (including an
    apprentice) employed in any industry to do any
    manual, unskilled, skilled, technical, operational,
    clerical or supervisory work for hire or reward,
    whether the terms of employment be express or
    implied, and for the purposes of any proceeding
    under this Act in relation to an industrial dispute,
    includes any such person who has been dismissed,
    discharged or retrenched in connection with, or as
    a consequence of, that dispute, or whose
    dismissal, discharge or retrenchment has led to
    that dispute, but does not include any such person

    (i) who is subject to the Air Force Act, 1950
    (45 of 1950), or the Army Act, 1950 (46 of
    1950), or the Navy Act, 1957 (62 of 1957); or

    (ii) who is employed in the police service or
    as an officer or other employee of a prison; or

    (iii) who is employed mainly in a managerial
    or administrative capacity; or

    (iv) who, being employed in a supervisory
    capacity, draws wages exceeding [ten
    thousand rupees] per mensem or exercises,
    either by the nature of the duties attached to
    the office or by reason of the powers vested
    in him, functions mainly of a managerial
    nature.”

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    9. On perusal of the provisions of Section 2(j) of the I.D.

    Act, the ‘Industry’ means business, trade, undertaking,

    manufacture or calling of employers and includes any calling,

    service, employment, handicraft, or industrial occupation or

    avocation of workmen. Therefore, whether the Temple can be

    considered as an ‘Industry’ within the aforesaid definition or

    not has been deliberated upon and decided by the various

    Hon’ble High Courts and the Hon’ble Apex Court. It would,

    therefore, be necessary to refer to the ratio laid down by the

    Hon’ble High Courts and the Hon’ble Apex Court regarding

    the issue as to whether the Temple would fall within the

    purview of ‘Industry’ under the I.D. Act or not.

    10. This Court in the case of Indravadan N. Adhvaryu Pipala

    Fali Modhvada (supra), has held that the Temple run and

    managed by the Laxminarayan Dev Trust is not an ‘Industry’

    as per the definition of ‘Industry’, which is also upheld by the

    Hon’ble Apex Court in the recent Order passed on 29.01.2026

    in the case of Indravadan N. Adhvaryu Pipala Fali Modhvada

    vs. Laxmi Narayan Dev Trust(supra)wherein, it is held as

    under:-

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    “4. Though the argument of the learned senior
    counsel for the appellant at the first blush looks
    attractive, we are not inclined to entertain the
    same as the reasons assigned by the Labour Court
    is to the effect that the respondent-Trust is a
    temple and as such, it would not fall within the
    four corners of the expression “industry”.

    However, the oral termination in the instant case
    at the first instance being without holding any
    inquiry and thereafter, transferring the appellant
    to a far-off place not being warranted and as a
    result of the same, the disciplinary proceedings
    having been initiated, we are of the considered
    view that the entire issue can be laid to rest by
    directing the respondent-Trust to pay a lump-sum
    compensation of Rs. 12,00,000/- (Rupees Twelve
    Lakhs) since the appellant had worked for twelve
    years in the said Trust continuously,
    uninterruptedly and without any blemish.”

    11. In the case of Aarsuri Ambaji Mata Devasthan Trust

    (supra), the learned Single Judge of this Court has held as

    under:-

    “7. Now, it is an admitted fact that the present
    petitioner is a Trust and the activity of providing
    lunch and dinner on concessional basis to the
    pilgrim cannot be treated as an industrial work.

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    Such activity of providing lunch and dinner on
    charitable basis is not an activity which may fall
    within the meaning of the industrial activity.”

    12. The Hon’ble Apex Court in the case of Mahamadkha

    Gajika Baloch vs. Manager, Panchasara Jain Derasar,

    reported in 1994 LawSuit (SC) 741, has impliedly confirmed

    the judgment of this Court t wherein, it is held that the Jain

    Temple is not an ‘Industry’, by considering the question of

    reasonableness of compensation.

    13. In the case before this Court, it was held that except

    Bhakti and Puja, no other activity was carried out in the

    Temple and even if it is assumed that certain articles are sold

    to the persons, who come for darshan, there was no material

    to show that they were sold at a profit and, therefore, it was

    held that the Temple is not an ‘Industry’ within the meaning

    of Section 2(j) of the I.D. Act. The Court also considered the

    decision of the Hon’ble Calcutta High Court in the case of

    Workmen of M/s.B.N. Debasthan Trust vs. State of West

    Bengal, reported in 1991-I LLJ 145 to distinguish the same

    where, it was found by the Hon’ble Calcutta High Court that

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    the approach of the Temple was mercenary and activity which

    it was carrying on was of commercial nature.

    14. Even in the case of Indravadan N. Adhvaryu Pipala Fali

    Modhvada (supra), the Hon’ble Apex Court has only

    considered the aspect of compensation payable to the

    employee while confirming that the Temple is not an

    ‘Industry.

    15. The Hon’ble Andhra Pradesh High Court in the case of

    Varaha Lakshmi Narasimha Swamy Vari Devasthanam

    (supra), while considering the very issue as to whether the

    Tirumala Temple is an ‘Industry’ as per Section 2(j) of the I.D.

    Act and whether the employees were ‘Workman’ under

    Section 2(s) of the I.D. Act or not, has held as under:-

    “[7] It is not in dispute that the petitioner Sri
    Varaha Lakshmi Narasimha Swamy Vari
    Devasthanam is a religious institution published
    under Section 6(a)(ii) of the Endowments Act. It is
    also not in controversy that the
    petitioner/Devasthanam was registered under
    Section 43 of the Endowments Act. Sri Varaha
    Lakshmi Narasimha Swamy is the presiding Deity

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    in the Temple. Pilgrims from various parts of the
    country visit the Temple and offer their prayers.
    These material facts are incontrovertible facts in
    this lis. Therefore, it is clear that it is essentially a
    religious institution. It is also primarily a spiritual
    institution. So, when the object of the institution is
    primarily to render spiritual services to the
    pilgrims to enable them to worship the presiding
    Deity in the Temple, having regard to the said
    predominant activity of the Temple, it is to be held
    that it is undoubtedly a religious institution and a
    spiritual institution.

    [8] The legal position in this regard is not res nova
    and the same has been well settled. The question
    whether a temple rendering religious and spiritual
    services to the pilgrims, who visit the temple to
    worship the presiding Deity in the temple is a
    religious institution or an industry, has fallen for
    consideration on many occasions before the Apex
    Court and various High Courts including the High
    Court of Andhra Pradesh. Therefore, it is
    expedient to consider the relevant judgments on
    the point which are of precedential guidance
    which throw light on the controversy involved in
    this lis to decide whether the temple whose
    primary objective is to render religious and
    spiritual services to the pilgrims of the temple, is
    to be considered as an industry under the
    Industrial Disputes Act or not.”

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    16. After the above observations, the Hon’ble Andhra

    Pradesh High Court has considered the decision of the

    Hon’ble Orissa High Court in the case of Harihar Bahinipaty

    vs. State of Orissa, reported in 1965 10 FLR 313 wherein,

    the issue whether the management of the Puri Jagannath

    Temple and its workmen comes under the purview of the I.D.

    Act or not was considered and the Division Bench of the High

    Court, after considering the real precedence rendered on the

    subject, held as under:-

    “22. It is thus abundantly clear that Shri
    Jagannath Temple is not an institution where
    material human needs are being met. It is
    primarily a spiritual institution. The Ballav that is
    prepared is offered to the deity as Bhog. It is
    therefore sold as prasad. It is not that the Temple
    serves the purpose of a hotel for catering
    foodstuffs. The maintenance of order and
    discipline and proper hygienic conditions in the
    temple and of proper standard of cleanliness and
    purity in the offerings made therein, as required
    under Section 15(4) of the Shri Jagannath Temple
    Act 11 of 1955, is for preserving spiritual
    atmosphere of the temple and for providing
    facilities to the pilgrims to have peaceful Darshan

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    of the Deity. The primary object is spiritual. The
    petitioners are to maintain peace and tranquility
    inside the temple. The duty of maintaining order
    and discipline inside the temple is different from
    the duty of the policeman to keep law and order
    outside on the public road. The duty of the
    petitioners inside the Temple is akin to that of
    teachers to maintain order and discipline inside a
    class room in an educational institution.”

    17. Therefore, the main objective of an institution is always

    to be kept in view and as the spiritual side is the ultimate

    object of any Temple, it cannot be said to be an ‘Industry’

    inasmuch as the duties of the management of the Trust are

    only to keep the Temple in order and to see that there is no

    irregularity. Therefore, it was held by the Hon’ble Orissa

    High Court that the dispute between the management of the

    Temple and the workmen could not come within the purview

    of the I.D. Act.

    18. The Division Bench of the Hon’ble Andhra Pradesh High

    Court in the case of Tirumala Tirupati Devasthanam vs.

    Commissioner of Labour, reported in 1979 1 LLJ 448 AP

    also had an occasion to deal with the same issue as to

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    whether, the Tirumala Tirupati Devasthanam is an industry

    under Section 2(j) of the I.D. Act and whether the employees

    are ‘Workman’ under Section 2(s) of the I.D. Act or not. After

    considering the various judgments rendered by various High

    Courts and also the Hon’ble Apex Court on the said

    controversy, it was held as under:-

    “22. The Tirumala Tirupathi Devasthanam consists
    of a group of religious institutions in Tirumalai
    and Tirupathi. They are together regarded as one
    religious institution for the purposes of Charitable
    and Religious Endowments Act. The main function
    of the Devasthanam is to arrange for the worship
    in its temples and to enable the pilgrims from all
    parts of India to visit temples and offer their
    prayers. It is, therefore, essentially a religious
    institution. Having regard to the enormous
    income, which this Devasthanam derives, it
    utilises the income for various educational and
    religious purposes. It has established several
    educational institutions and also it is one of the
    prime donors of the Venkateswara University. In
    order to cater to the thousands of pilgrims
    especially to the temple of Tirumalai, the
    Devasthanam also runs several canteens,
    dispensaries, etc. It has necessarily to provide for
    transport of the pilgrims, which it was
    undertaking on its own till recently. It has

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    departments dealing with supply of electricity and
    water, not only to the pilgrims but to the members
    of the staff, Archakas, etc., and to the quarters
    constructed in Tirumala for the benefit of the
    pilgrims. Even though, having regard to the
    enormous flow of pilgrims throughout the year the
    Devasthanam has to maintain several
    departments, there can be no doubt that the
    essential character of the institution is that of a
    religious institution. We cannot, therefore, regard
    the Devasthanam generally as an industry within
    the meaning of Trade Unions Act or within the
    meaning of Industrial Disputes Act.

    24. We are unable to agree with the contention
    that the Tirumala Tirupathi Devasthanam should
    be regarded generally as an industry. As pointed
    out in University of Delhi v. Ramnath, in
    considering whether a public institution is an
    industry or not, the predominant activity or object
    must be taken into consideration. Adopting this
    test we are of the view that the Tirumala Tirupathi
    Devasthanam as a body cannot be considered to
    be an industry within the meaning of Section 2(j)
    of the Industrial Disputes Act or within the
    meaning of Trade Unions Act.”

    19. However, the Hon’ble Andhra Pradesh High Court in the

    facts of the case, held that the Devasthanam as a whole

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    cannot be regarded as an industry, if any separate

    departments like Electricity, Water and Transport

    Departments are maintained by the Devasthanam, only those

    departments as a single unit can be considered as an industry

    or analogous to an industry and employees in those

    departments would be ‘Workman’ within the meaning of

    Trade Unions Act.

    20. Considering such conspectus of law, the Hon’ble Andhra

    Pradesh High Court in facts of the case before it, held that

    when the primary object of the Temple / Endowment is to

    render spiritual services to the pilgrims visiting the Temple to

    worship the Deity and its predominant activity is a religious

    and spiritual activity, then the Temple as a whole cannot be

    regarded as an ‘Industry’ within the scope of the ‘Industry’ as

    per Section 2(j) of the I.D. Act and, therefore, any dispute

    between the employees and the management of the Temple

    cannot be regarded as an industrial dispute and the

    employees cannot be considered as a ‘Workman’ under

    Section 2(s) of the I.D. Act.

    21. In the case of Lawrence Messy vs. Diocese of Delhi,

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    reported in 2019 – IV LLJ 359 (Del), the Hon’ble Delhi High

    Court held that an institution, the main function of which was

    worship and facilitation of worship by pilgrims, would be

    essentially a religious institution and such an institution could

    not be regarded as an “industry”, even if, for the convenience

    of the pilgrims, certain departments, in which persons were

    required to be taken on hire, had to be maintained. It was

    further held that what was required to be seen is, therefore,

    essential character of the institution and in order to qualify

    “industry” within the meaning of Section 2(j) of the I.D. Act,

    an element of res commercium is essential i.e. institution had

    to be in the business of distribution of goods and services or

    in activities analogous thereto. In the facts of the case before

    the Hon’ble Court, it was found that the activities carried out

    by Diocese are essentially ecclesiastical, evangelical and

    spiritual in nature and this being essential nature and

    character of the Diocese, it is questionable as to whether it

    could be regarded as an “industry” as no part of income,

    forming the corpus of the Diocese, comes from any activity

    which could partake of the character of res commercium.

    22. The Full Bench of the Hon’ble Karnataka High Court in

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    the case of Mookambika Temple, Kollur (supra), while

    considering the issue under the provisions of the Karnataka

    Hindu Religious Institution and Charitable Endowments Act

    (33 of 2001) and Payment of Gratuity Act, 1972, in para 60,

    has held that the Temple cannot also come within the

    definition of ‘Industry’ under the provisions of the I.D. Act as

    Section 2(j) of the I.D. Act defines an ‘Industry’ and the

    Temple is not within the meaning of expression ‘Industry’

    under the I.D. Act nor does it become within the expression

    ‘Industrial Establishment or Undertaking’ under Section 2(ka)

    of the I.D. Act.

    23. The Constitution Bench of the Hon’ble Apex Court, in the

    case of Bangalore Water Supply & Sewerage Board (supra),

    while considering the meaning and scope of “Industry” under

    Section 2(j) of the I.D. Act, has laid down the test and

    guidelines for inclusion and exclusion. So far as considering

    the issue as to whether the Bombay Panjrapole would be

    covered by the definition of ‘Industry’ or not, it was held that

    a Panjrapole is no Church, Mosque or Temple and, therefore,

    employees engaged by the Panjrapole on ordinary economic

    terms and with condition of service as in any other business

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    institutions having organisational comparability to other profit

    making dairies or Panjarpoles. The Hon’ble Apex Court has

    held that one must look at the predominant character of the

    institution and the nature of the relations resulting in the

    production of goods and services and stray wage-earning

    employees do not shape the soul of an institution into an

    industry. While considering the question whether the

    charitable institutions are industries or not, it was held by the

    Hon’ble Apex Court as under:-

    “103. If we mull over the major decisions, we get
    a hang of the basic structure of “industry” in its
    legal anatomy. Bedrocked on the grundnorms, we
    must analyse the elements of charitable economic
    enterprises, established and maintained for
    satisfying human wants. Easily, three broad
    categories emerge; more may exist. The charitable
    element enlivens the operations at different levels
    in these patterns and the legal consequences are
    different, viewed from the angle of “industry”. For
    income tax purposes, Trusts Act or company law
    or registration law or penal code requirements the
    examination will be different. We are concerned
    with a benignant disposition towards workmen
    and a trichotomy of charitable enterprises run for
    producing and/or supplying goods and services,
    organized systematically and employing workmen,

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    is scientific.

    104. The first is one where the enterprise, like any
    other, yields profits but they are siphoned off for
    altruistic objects. The second is one where the
    institution makes no profit but hires the services
    of employees as in other like businesses but the
    goods and services, which are the output, are
    made available, at low or no cost, to the indigent
    needy who are priced out of the market. The third
    is where the establishment is oriented on a
    humane mission fulfilled by men who work, not
    because they are paid wages, but because they
    share the passion for the cause and derive job
    satisfaction from their contribution. The first two
    are industries, the third not. What is the test of
    identity whereby these institutions with
    eleemosynary inspiration fall or do not fall under
    the definition of industry?

    106. It is common ground that the first category of
    charities is disqualified for exemption. If a
    business is run for production and or supply of
    goods and services with an eye on profit, it is
    plainly an industry. The fact that the whole or
    substantial part of the profits so earned is
    diverted for purely charitable purposes does not
    affect the nature of the economic activity which
    involves the cooperation of employer and
    employee and results in the production of goods

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    and services. The workers are not concerned
    about the destination of the profits. They work and
    receive wages. They are treated like any other
    workmen in any like industry. All the features of
    an industry, as spelt out from the definition by the
    decisions of this Court, are fully present in these
    charitable businesses. In short, they are
    industries. The application of the income for
    philanthropic purposes, instead of filling private
    coffers, makes no difference either to the
    employees or to the character of the activities.
    Good Samaritans can be clever industrialists.”

    24. It was held by the Hon’ble Apex Court in para 110 as

    under:-

    “….. If a philanthropic devotion is the basis for the
    charitable foundation or establishment, the
    institution is headed by one who wholeheartedly
    dedicates himself for the mission and pursues it
    with passion, attracts others into the institution,
    not for wages but for sharing in the cause and its
    fulfillment, then the undertaking is not ‘industrial’.
    Not that the presence of charitable impulse
    extricates the institution from the definition in
    Section 2(j) but that there is no economic
    relationship such as is found in trade or business
    between the head who employs and the others
    who emotively flock to render service. In one

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    sense, there are no employers and employees but
    crusaders all. In another sense, there is no wage
    basis for the employment but voluntary
    participation in the production, inspired by lofty
    ideals and unmindful of remuneration, service
    conditions and the like…..”

    25. The Hon’ble Apex Court has thereafter, given an

    example of the Ashram and described the same as under:-

    ” ….. Supposing there is an Ashram or Order with
    a guru or other head. Let us further assume that
    there is a band of disciples, devotees or priestly
    subordinates in the Order, gathered together for
    prayers, ascetic practices, bhajans, meditation
    and worship. Supposing, further, that outsiders
    are also invited daily or occasionally, to share in
    the spiritual proceedings. And, let us assume that
    all the inmates of the Ashram and members of the
    Order, invitees, guests and other outside
    participants are fed, accommodated and looked
    after by the institution. In such a case, as often
    happens, the cooking and the cleaning, the bed-
    making and service, may often be done, at least
    substantially by the Ashramites themselves. They
    may chant in spiritual ecstasy even as material
    goods and services are made and served. They
    may affectionately look after the guests, and, all
    this they may do, not for wages but for the chance

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    to propitiate the Master, work selflessly and
    acquire spiritual grace. It may well be that they
    may have surrendered their lucrative employment
    to come into the holy institution. It may also be
    that they take some small pocket money from the
    donations or takings of the institution. Nay more;
    there may be a few scavengers and servants, a
    part-time auditor or accountant employed on
    wages. If the substantial number of participants in
    making available goods and services, if the
    substantive nature of the work, as distinguished
    from trivial items, is rendered by voluntary wage-
    less sishyas, it is impossible to designate the
    institution as an industry, not-withstanding a
    marginal few who are employed on a regular basis
    for hire. The reason is that in the crucial,
    substantial and substantive aspects of insti-
    tutional life the nature of the relations between
    the participants is non-indus-trial. Perhaps, when
    Mahatma Gandhi lived in Sabarmati, Aurobindo
    had his hallowed silence in Pondicherry, the
    inmates belonged to this chastened brand. Even
    now, in many foundations, centres, monasteries,
    holy orders and Ashrams in the East and in the
    West, spiritual fascination pulls men and women
    into the precincts and they work tirelessly for the
    Maharishi or Yogi or Swamiji and are not wage-
    earners in any sense of the term. Such people are
    not workmen and such institutions are not
    industries despite some menials and some
    professionals in a vast complex being hired. We

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    must look at the predominant character of the
    institution and the nature of the relations result-
    ing in the production of goods and services. Stray
    wage-earning employees do not shape the soul of
    an institution into an industry.”

    26. As against the above decisions, various Hon’ble High

    Courts and the Hon’ble Apex Court have applied the decision

    in the case of Bangalore Water Supply & Sewerage Board

    (supra) to the facts of the case in the following decisions,

    which are relied upon on behalf of the appellant:-

    (1) Cutchi Visa Oswal Derawasi Jain Mahajan vs.
    B.D. Borude, I.T. Maharashtra
    , reported in
    1987(1) LLJ 81 (Bombay)

    (2) Workmen of M/s.Baikuntha Nath Debasthan
    Trust (Baikuntha Nath Debasthan Mandir Trust)
    Rep. By Paschimbanga Byabasayi Sramik
    Sengstha vs. State of West Bengal, reported in
    1990(2) CalLT 42

    (3) Rakesh Kumar vs. Commissioner-cum-deputy
    Commissioner, Baba
    , reported in 1991(1) CLJ (HP)
    302

    (4) Devadeveshwar Sansthan Parvati And

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    Kothrud vs. Sushila Raghu Kadu, reported in
    2002(4) LLJ 28

    (5) Sri Nathji Bhandar vs. State of West Bengal,
    reported in 2011(2) CalHN 874.

    (6) Gajanan Maharaj Sanathan vs. Gajanan
    Karamchari Sangh
    , reported in 2002(10) SCC
    531″

    27. In view of the facts of the present case, when the

    respondent No.1 – Trust is managing Shri Saibaba Temple

    where, the devotees gathered together for prayers and

    worship and they are provided with Ladus manufactured in

    the Temple then, it cannot be said that merely because they

    are few servants employed by the respondent No.1 – Trust

    including Pujari for a main and substantive nature of the

    activity is the prayers and worship only and, therefore, it is

    not possible to designate the respondent No.1 – Trust as an

    ‘Industry’, notwithstanding a marginal few who are employed

    on regular basis for hire as the crucial, substantial and

    substantive aspects of the institutional life of the respondent

    No.1 – Trust is the nature of the relations between the

    participants is non-industrial. Therefore, as held by the

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    Hon’ble Apex Court, we must look at the predominant

    character of the institution and the nature of relations

    resulting in production of goods and services in absence of

    any material on record to demonstrate that the employees

    engaged on ordinary economic terms with condition of service

    as in other business institution and more particularly, when

    none of the activities is shown to have organisational

    comparability to other profit making institution.

    28. Therefore, the respondent No.1 – Trust cannot be

    considered as an ‘Industry’ within the definition of Section 2(j)

    of the I.D. Act. The Labour Court, therefore, could not have

    assumed the jurisdiction under the provisions of the I.D. Act

    to adjudicate the Reference made by the competent

    Government under Section 10 of the I.D. Act.

    29. Considering the above conspectus of law, the other

    question which is required to be considered on the ground

    that assuming for a while, the respondent No.1 – Trust falls

    within the definition of ‘Industry’, whether the appellant –

    Pujari would be covered by the definition of ‘Workman’ under

    Section 2(s) of the I.D. Act or not.

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    30. The Hon’ble Apex Court in the case of Burmah Shell Oil

    Storage and Distributing Co. of India Ltd. (supra), has held

    that a person may not be a workman even though he does not

    come within the exceptions under Section 2(s) of the I.D. Act.

    If the duties of a person is neither clerical nor manual, he

    cannot fall within the definition of ‘Workman’ under the I.D.

    Act, and the Industrial Tribunal would have no jurisdiction to

    adjudicate the Reference.

    31. The Hon’ble Apex Court, while considering the various

    types of activities carried out by the persons, has examined as

    to whether such type of person carrying out the different

    activities would be covered by the definition of ‘Workman’ or

    not. So far as the Transport Engineer is concerned, it is held

    by the Hon’ble Apex Court that the Transport Engineer cannot

    be considered as a ‘Workman’ as there is combination of

    supervisory duties of the work of repair and maintenance,

    servicing and fabrication etc. Similarly, the District Engineer

    was also held to be not a ‘Workman’. The Foreman

    (Chemicals), Chemists were held to be ‘Workman’, but the

    Sales Engineering Representative is held to be not a

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    ‘Workman’ as he was neither employed for clerical work nor

    manual work but, only does an ancillary job for promoting

    sales and giving advise.

    32. The Hon’ble Apex Court in the case of Miss. A.

    Sundarambal vs. Government of Goa, Daman and Diu and

    Others (supra), while considering the case of a teacher in an

    educational institution, as a workman or not, has held as

    under:-

    “2. The appellant, Miss A. Sundarambal, was
    appointed as a teacher in a school conducted by
    the Society of Franciscan Sisters of Mary at
    Caranzalem, Goa. Her services were terminated
    by the Management by a letter dated April 25,
    1975. After she failed in her several efforts in
    getting the order of termination cancelled, she
    raised an industrial dispute before the
    Conciliation Officer under the Act. The
    conciliation proceedings failed and the
    Conciliation Officer reported accordingly to the
    Government of Goa, Daman and Diu by his letter
    dated May 2, 1982. On receipt of the report the
    government considered the question whether it
    could refer the matter for adjudication under
    Section 10(1) (c) of the Act but on reaching the
    conclusion that the appellant was not a ‘workman’

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    as defined in the Act which alone would have
    converted a dispute into an industrial dispute as
    defined in Section 2(k) of the Act, it declined to
    make a reference. Thereupon, the appellant filed a
    writ petition before the High Court of Bombay,
    Panaji Bench, Goa for issue of a writ in the nature
    of mandamus requiring the government to make a
    reference under Section 10(1)(c) of the Act to a
    Labour Court to determine the validity of the
    termination of her services. The said writ petition
    was registered as Special Leave Application No.
    59 of 1983. That petition was opposed by the
    respondents. After hearing the parties concerned,
    the High Court dismissed the writ petition holding
    that the appellant was not a workman by its
    judgment dated September 5, 1983. Aggrieved by
    the judgment of the High Court, the appellant has
    filed this appeal by special leave.

    6. Thus it is seen that even though an
    educational institution has to be treated as an
    industry in view of the decision in the
    Bangalore Water Supply & Sewerage Board v.
    R. Rajappa
    the question whether teachers in
    an educational institution can be considered
    as workmen still remains to be decided.

    8. In order to be a workman, a person should
    be one who satisfies the following conditions:

    (i) he should be a person employed in an

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    industry for hire or reward; (ii) he should be
    engaged in skilled or unskilled manual,
    supervisory, technical or clerical work; and

    (iii) he should not be a person falling under
    any of the four clauses, i.e.. (i) to (iv)
    mentioned in the definition of ‘workman’ in
    Section 2(s) of the Act. The definition also
    provides that a workman employed in an
    industry to do any skilled or unskilled manual,
    supervisory, technical or clerical work for hire
    or reward includes any such person who has
    been dismissed, discharged or retrenched in
    connection with, or as a consequence of, an
    industrial dispute, or whose dismissal,
    discharge or retrenchment has led to that
    dispute.

    9. We are concerned in this case primarily
    with the meaning of the words ‘skilled or
    unskilled manual, supervisory, technical or
    clerical work’. If an employee in an industry is
    not a person engaged in doing work falling in
    any of these categories, he would not be a
    workman at all even though he is employed in
    an industry. The question for consideration
    before us is whether a teacher in a school falls
    under any of the four categories, namely, a
    person doing any skilled or unskilled manual
    work, supervisory work, technical work or
    clerical work. If he does not satisfy any one of

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    the above descriptions he would not be a
    workman even though he is an employee of an
    industry as settled by this Court in May and
    Baker (India) Ltd. v. Workmen
    . In that case
    this Court had to consider the question
    whether a person employed by a
    pharmaceutical firm as a representative (for
    canvassing orders) whose duties consisted
    mainly of canvassing orders and any clerical
    or manual work that he had to do was only
    incidental to his main work of canvassing
    could be considered as a workman as defined
    in the Act. Dealing with the said question
    Wanchoo, J. (as he then was) observed thus:

    A ‘workman’ was then defined as
    any person employed in any
    industry to do any skilled or
    unskilled manual or clerical work
    for hire or reward. Therefore,
    doing manual or clerical work was
    necessary before a person could
    be called a workman. This
    definition came for consideration
    before industrial tribunals and it
    was consistently held that the
    designation of the employee was
    not of great moment and what was
    of importance was the nature of
    his duties. If the nature of the
    duties is manual or clerical, then

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    the person must be held to be a
    workman. On the other hand if
    manual or clerical work is only a
    small part of the duties of the,
    person concerned and incidental
    to his main work which is not
    manual or clerical, then such a
    person would not be a workman. It
    has, therefore. to be seen in each
    case from the nature of the duties
    whether a person employed is a
    workman or not, under the
    definition of that word as. it
    existed before the amendment of
    1956. The nature of the duties of
    Mukerjee is not in dispute in this
    case and the only question
    therefore is whether looking to the
    nature of the duties it can be said
    that Mukerjee was a workman
    within the meaning of Section 2(s)
    as it stood at the relevant time.

    We find from the nature of the
    duties assigned to Mukerjee that
    his main work was that of
    canvassing and any clerical or
    manual work that he had to do
    was incidental to his main work of
    canvassing and could not take
    more than a small fraction of the
    time for which he had to work. In

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    the circumstances the tribunal’s
    conclusion that Mukerjee was a
    workman is incorrect. The tribunal
    seems to have been led away by
    the fact that Mukerjee had no
    supervisory duties and had to
    work under the directions of his
    superior officers. That, how-ever.

    would not necessarily mean that
    Mukerjee’s duties were mainly
    manual or clerical. From what the
    tribunal itself has found it is clear
    that Mukerjee’s duties were
    mainly neither clerical nor
    manual. Therefore, as Mukerjee
    was not a workman, his case
    would not be covered by the
    Industrial Disputes Act and the
    tribunal would have no jurisdiction
    to order his reinstatement. We.

                                          therefore. set aside the order of
                                          the           tribunal               directing
                                          reinstatement of Mukerjee along
                                          with other reliefs.
    
    
    
    
                                   10.     The     court     held     that        the   employee
    

    Mukerjee involved in that case was not a
    workman under Section 2(s) of the Act
    because he was not mainly employed to do
    any skilled or unskilled manual or clerical

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    work for hire or reward. which were the only
    two classes of employees who qualified for
    being treated as ‘workman’ under
    the definition of the expression ‘workman’ in
    the Act, as it stood then. As a result of the
    above decision
    , in order to give protection
    regarding security of employment and other
    benefits to sales representatives, Parliament
    passed a separate law entitled the Sales
    Promotion Employees (Conditions of Service)
    Act, 1976
    . It is no doubt true that after the
    events leading to the above decision took
    place Section 2(s) of the Act was amended by
    including persons doing technical work as
    well as supervisory work. The question for
    consideration is whether even after the
    inclusion of the above two classes of
    employees in the definition of the expression
    workman’ in the Act a teacher in a school can
    be called a workman. We are of the view that
    the teachers employed by educational
    institutions whether the said institutions are
    imparting primary, secondary, graduate or
    post-graduate education cannot be called as
    ‘workmen’ within the meaning of Section 2(s)
    of the Act. Imparting of education which is the
    main function of teachers cannot be
    considered as skilled or unskilled manual
    work or supervisory work or technical work or
    clerical work. Imparting of education is in the
    nature of a mission or a noble vocation. A

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    teacher educates children, he moulds their
    character, builds up their personality and
    makes them fit to become responsible
    citizens. Children grow under the care of
    teachers. The clerical work, if any they may
    do. is only incidental to their principal work of
    teaching. We agree with the reasons given by
    the High Court for taking the view that
    teachers cannot be treated as ‘workmen’ as
    defined under the Act. It is not possible to
    accept the suggestion that having regard to
    the object of the Act. all employees in an
    industry except those falling under the four
    exceptions (1) to (iv) in Section 2(s) of the Act
    should be treated as workmen. The
    acceptance of this argument will render the
    words ‘to do any skilled or unskilled manual,
    supervisory, technical or clerical work
    meaningless. A liberal construction as
    suggested would have been possible only in
    the absence of these words. The decision in
    Mav and Baker (India) Ltd. v. Workmen
    precludes us from taking such a view. We,
    therefore, hold that the High Court was right
    in holding that the appellant was not a
    ‘workman’ though the school was an industry
    in view of the definition of ‘workman’ as it
    now stands.

    11. We may at this stage observe that
    teachers as a class cannot be denied the

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    benefits of social justice. We are aware of the
    several methods adopted by unscrupulous
    managements to exploit them by imposing on
    them unjust conditions of service. In order to
    do justice to them it is necessary to provide
    for an appropriate machinery so that teachers
    may secure what is rightly due to them. In a
    number of States in India laws have been
    passed for enquiring into the validity of illegal
    and unjust terminations of services of
    teachers by providing for appointment of
    judicial tribunals to decide such cases. We are
    told that in the State of Goa there is no such
    ‘Act in force. If it is so, it is time that the State
    of Goa takes necessary steps to bring into
    force an appropriate legislation providing for
    adjudication of disputes between teachers and
    the managements of the educational
    institutions. We hope that this lacuna in the
    legislative area will be filled up soon.”

    33. In the case of Mukesh K. Tripathi vs. Senior Divisional

    Manager, LIC and others (supra), the Hon’ble Apex Court has

    considered the issue as to whether the apprentice would be a

    ‘Workman’ or not and has held as under:-

    “34. The definition of “workman” as contained in
    Section 2(s) of the h Industrial Disputes Act, 1947

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    includes an apprentice, but a “workman” defined
    under the Industrial Disputes Act, 1947 must
    conform to the requirements laid down therein
    meaning thereby, inter alia, that he must be
    working in one or the other capacities mentioned
    therein and not otherwise.

    36. A “workman” within the meaning of Section
    2(s)
    of the Industrial Disputes Act, 1947 must not
    only establish that he is not covered by the
    provisions of the Apprentices Act but must further
    establish that he is employed in the establishment
    for the purpose of doing any work contemplated in
    the definition. Even in a case where a period of
    apprenticeship is extended, a further written
    contract carrying out such intention need not be
    executed. But in a case where a person is allowed
    to continue without extending the period of
    apprenticeship either expressly or by necessary
    implication and regular work is taken from him,
    he may become a workman. A person who claims
    himself to be an apprentice has certain rights and
    obligations under the statute.

    37. In case any person raises a contention that his
    status has been changed from apprentice to a
    workman, he must plead and prove the requisite
    facts. In absence of any pleading or proof that
    either by novation of the contract or by reason of
    the conduct of the parties, such a change has
    been brought about, an apprentice cannot be held

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    to be a workman.”

    34. In the case of Muir Mills Unit of NTC (U.P.) Ltd. (supra),

    the Hon’ble Apex Court examined the scope of definition of

    ‘Workman’ to professionals and it is held that the

    professionals can never be termed as ‘Workman’ under any

    law.

    35. The Hon’ble Apex Court in the case of C. Gupta vs.

    Glaxo-Smithkline Pharmaceuticals Ltd. (supra) has considered

    the effect of amendment brought in Section 2(s) of the I.D. Act

    and has determined the factors to be considered or to find out

    whether a particular employee is workman or not, as under:-

    “18. It is not in dispute that the nomenclature is
    really not of any consequence. Whether a
    particular employee comes within the definition of
    workman has to be decided factually, In fact, it
    has been found as a matter with reference to
    various factual aspects that the duties undertaken
    by the c appellant overwhelmingly fell in the
    managerial cadre. So far as the nature of work is
    concerned, the Division Bench of the High Court
    took note of several aspects as reflected in para
    29 of the judgment. The same reads as follows:

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    “In the evidence adduced on behalf
    of the Company, its Director, Shri
    Rustam Padam Bharucha deposed
    that the duties of the appellant were
    to represent the Company in
    conciliation proceedings, before d
    government authorities under the
    Factories Act, the ESI Act, the PF
    Act, the Contract Labour (Regulation
    and Abolition) Act, to represent the
    management as an enquiry officer or
    as the management’s representative
    in domestic enquiries, to guide and
    advise the management’s
    representative in domestic enquiries,
    to advise him about the line of cross-

                                          examination          in        such       enquiries,
                                          advise     about      the       quantum         of    e
                                          punishment          to      be        inflicted      in
                                          disciplinary       proceedings.            To     give
                                          advise on queries raised by the
                                          management            pertaining           to     the
                                          interpretation            of         statutes        or
                                          settlement        with         the     unions        or
                                          regarding         enquiries            raised        by
                                          government          authorities,          to    brief
    

    witnesses, to prepare drafts for the
    perusal of counsel, to brief counsel
    on facts as well as law, to be present
    in court when the arguments were

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    taking place in judicial matters
    related f to the Company, to keep in
    touch with the latest case laws and
    amendments to the labour
    legislations, to ensure that the
    management fulfilled its obligations
    under the labour legislations and to
    advise the management on
    provisions of settlement.”

    25. In Hussan Mithu Mhasvadkar v. Bombay Iron
    & Steel Labour Board
    it was held that while
    deciding the status of the person, nature of work
    is really relevant. The High Court has referred to
    the evidence of the appellant. He had admitted in
    his evidence that apart from the advice to the
    management from time to time, he had other
    independent functions such as preparation of
    draft enquiry reports and conducting domestic
    enquiries. In his cross-examination he had further
    admitted that he had tendered legal advice in all
    the four branches and factory of the Company at
    Worli. He also admitted that on many occasions he
    had drafted management enquiry and it was his
    duty to hold conferences with the advocates in
    relation to the Company’s acts. He also admitted
    that as an employee in the category of
    management staff, his conditions of service were
    different than those provided for the workers of
    the Company. He also admitted that leave given to
    him were not applicable under the settlement. He

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    also admitted that he was covered under the
    pension scheme which did not apply under the
    settlement with employees.”

    36. The learned Single Judge has referred to and relied upon

    the decision of the Hon’ble Apex Court in the case of H.R.

    Adyanthaya and Others (supra) wherein, it is held that the

    Medical Representatives would not fall in the definition of

    ‘Workman’ as they are neither skilled workers nor are they

    technical or operational workers and, therefore, their work is

    not covered by any type of works mentioned in the main body

    of the definition. Similarly, in the facts of the case, the work

    carried out by the Pujari of worshiping and doing Puja in the

    Temple can neither be considered as a skilled, technical nor

    operational to fall within the definition of ‘Workman’.

    37. The Hon’ble Delhi High Court in the case of Sai Bhakta

    Samaj (Regd.) (supra), though held that the Bhakta Samaj was

    covered under the definition of ‘Industry’, it was held that the

    Pujari in Temple cannot be held as workman, relying upon the

    decision of the Hon’ble Apex Court in the case of H.R.

    Adyanthaya and Others (supra). It was further held that the

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    Pujari in a Temple does not do any manual, unskilled, skilled,

    technical, operational, clerical or supervisory work and Pooja

    by a Pujari is an application of his knowledge of religious

    hymns and bhajans and aarties which he has to recite in the

    Temple, which can never be considered by a work specified in

    Section 2(s) of the I.D. Act.

    38. Similarly, the Hon’ble Punjab & Haryana High Court in

    the case of Ram Kishan Sharma (supra), has held that duties

    of Pujari in Temple would not fall within the definition of

    ‘Workman’.

    39. The Hon’ble Karnataka High Court in the case of

    Radhakrishna Bhakta (supra), has held as under:-

    “[3] ….. A temple which is visited by the devotees
    by reason of faith cannot by any process of
    reasoning be said to be an activity analogous to
    trade or business. We are of the view that the
    State Government was right in declining the
    reference. While doing so it relied upon a
    judgment of the Kerala High Court in a Kesava
    Bhatt v. Sree Ram Ambalam Trust
    1990-1- LLJ-192
    wherein Archak or a priest in a temple was held
    not to be a “workman” within the meaning of the

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    Act as he cannot be said to be doing any manual
    or clerical services to the devotees of the temple.
    The temple was held not to be an industry within
    the meaning of Clause (j) of Section 2 of the Act.
    We have carefully gone through this judgment and
    are in agreement with the reasoning of the
    learned single Judge.”

    40. The Hon’ble Kerala High Court in the case of A. Kesava

    Bhatt (supra), while considering the issue as to whether a

    Priest in a Temple would fall within the definition of

    ‘Workman’ or not and he cannot be equated with a mere

    wage-earner so as to invoke the jurisdiction of the Labour

    Court, has considered the role of the Priest since ancient

    times as under:-

    “Even from very ancient times, priests and
    law had intimate connection. A historic
    evaluation on this aspect is available from a
    recent study, “Lord Chancellor” by Nicholas
    Underhill. (Its young author had critically
    commented upon the evaluation and working
    of the office of Lord Chancellor from early
    times and in the course of such a critical
    evaluation, he has not spared Lord Campbell
    and his book “Lives of Chancellors” from
    harsh comments). Due to very many historic

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    reasons, laws have sometimes reacted to
    priests unkindly. Perhaps, the most horrifying
    exercise was that of the English Parliament,
    when in 1530 it enacted that the Bishop of
    Rochester’s cook be boiled to death.
    Comparatively less hard was a recent
    legislation attempted by the State of Ten-
    nessee in America when it imposed under the
    statute a prohibition against priests entering
    politics. The prohibition was declared
    unconstitutional by the American court. See
    Paul A. Mc Daniel v. Selma Cash Paty(1).

    Priests have played prominent parts in
    the history of mankind. Some, by their
    humanism, live through history; like father
    Damien, who, like Him, nursed and cured
    many a lachrymose leper. Francis Xavier,
    known for his “vigorous self-devotion, and
    incredible labour for no wisable reward”; who
    usually went on foot, and without shoes, living
    only on roasted rice, which he begged as he
    went on and slept on the ground with a stone
    under his head. The Christian priests (and the
    nuns who, like well-lit candles, spread around
    them much of haloed light, even while quickly
    melting into extinction) have added several
    glorious chapters in the compilation of the
    history of enlightenment of India. The endless
    saga of sacrifice associated with a priest even
    generated a feeling that only the rough and

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    hardlooking, could pursue a priest’s life. It is
    such a mental make up that prompted an
    innocent question by a character in “Princess
    Kathilde” by Marguerite Castillon Du Perron:

    “How can a man become a priest when he is
    so good looking.” However, as in other
    professions too, deviations have been
    detected in Divinity. William Ralph Inge in his
    “Lay Thoughts of a Dean” quotes Colet as
    referring to, “Pestilent and pernicious traits
    seen in the evil and wicked life of priests”.

    The portrait of a Cardinal by Marguerite
    Castillon Du Perron with special reference to
    his sleeping habit is fictional and not factual.
    However, Howard, who heralded the prison
    reform in England and in Europe was factual
    in his observation, and effectual in his
    condemnation of the luxuriant life of the holy
    fathers he saw at the Capuchin Convent at
    Prague. Howard recorded as having seen the
    monastery as “a house of revelling and
    drunkenness”, that shattered his notion about
    the priests as persons “who had retired from
    the world to live a life of abstemiousness and
    prayer”. A Russian Priest, very close to the
    sceptre and crown, now lives in the musical
    lines Rasputin, Rasputin, lover of the Russian
    Queen.

    The hiatus between the ideal and the
    actual in relation to the priestly class was

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    visible in the Indian setting too. The ideal is
    referred to by Robert Lingat in “The Classical
    Law of India”. There is a pointed discussion
    on the role and the duties of a “Purohita” at
    page 217 reading:

    “Thus the King is bound to choose
    amongst the Brahmins a purohita who
    will be his chief counsellor. Agreement
    between King and purohita is regarded
    by Gautama (XI. 12-14) to be the very
    symbol of harmony between the two
    powers. And Vasistha (XIX. 4) recalls that
    it is written in the Veda, “A realm where
    a Brahmin is appointed purohita
    flourishes”. The role of the purohita is
    multiple, and the translation chaplain
    poorly indicates what his functions are.
    He is far from being simply a priest with
    the duty to see that the King fulfils his
    religious obligations. Elsewhere Manu
    (VII.78) and Yajnavalkya (I.314)
    distinguish him from officiating priests
    whose duty it was to celebrate ritual
    ceremonies. Yajnavalkya (312) demands
    of him knowledge of astrology in order to
    know the influence of the planets and to
    be able to neutralise their effects if they
    are sinister; he should also be versed in
    the Atharva Veda and know the required
    spells to be cast, and magic prayers. The

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    same verse requires him to be
    knowledgeable in the art of politics
    (dandaneethi). In reality, the purohita is
    the brain of the King. As a servant of
    dharma he is a servant of the State. For
    the rest, he occupies a singular position
    by reason of his functions. Vijnesvara
    (Mit., on Yaj., 1.353) ranks him amongst
    the ministers (mantrin) and Manu (XII.

    46) classes him, with kings and
    kshatriyas, amongst those whose future
    destiny is dominated by rajas (‘energy’,
    ‘passion’)”.

    A very illuminating judicial decision about the
    priestly class and its degeneration in later
    times is seen in Annaya Tantri v. Ammakka
    Bengsu
    (2). That dealt with the competence of
    a Hindu female to succeed to the office of
    “archaka” in a temple and the emoluments
    attached thereto. She was not incompetent by
    reason of her sex – was the majority decision.
    Seshagiri Ayyar, J., in a very illuminating
    order of reference (which fortunately forms
    part of the reported decision) indicated how
    from the point of view of the worshipper, it
    was the fitness of the archaka for the
    discharge of the duties that had to be
    considered, and how from the point of view of
    archaka, the question of secular rights was
    more important. A historic background is

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    furnished thus:

    “In the Vedas and in the ancient
    Smritis, we do not hear of the founding
    of temples. It is to the puranic age that
    we owe their existence. In Manu’s
    days, the only religious teacher was
    the ascetic sanyasi. He gave
    instructions to his disciples who, in
    their turn, spread the light of wisdom
    among the lay people. There were no
    places of worship, and no images to
    worship. It is to Buddha that India
    owes the introduction of fixed places if
    worship and ordained orders of
    preachers…… Temples for the worship
    of Siva and Vishnu were established
    mostly by non-Aryans at or about this
    time to circumvent the Buddhistic
    influence.

    The second period begins with the
    advent of Sankara. He found that the
    ancient worship of the elements was
    losing hold on the popular mind, and
    that the people were being led by the
    precepts of Buddhism into the track of
    atheism. He had to fight blind
    orthodoxy behind him and materialism
    ahead of him. He adopted a
    compromise.”

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    The decision recounted how rich
    endowments were made for the upkeep of
    temples. Trusted service had, however, to be
    found. It had always been the belief in India
    that “the nearer a man is to God, the farther is
    he from Him.” It is unnecessary for the
    purpose of this case to delve deep into, or
    deal at length with, the history of the temples.
    Yet, a reference to a decline in the priestcraft
    as made therein, may furnish a background to
    the present sight and fight in the case, when a
    priest had taken the road to the Labour Court.
    The slokas of Vaidyanatha Dikshitar (together
    with their translations by Manghat Krishna
    Menon) were given in that decision. One sloka
    is particularly striking. It reads:

    The translation reads:

    “A Vipra, who, though he may be well-
    versed in the four Vedas is desirous of
    getting money, and who performs the
    worship of the Gods for the sake of
    another will be considered equal to a
    Chan-dala.”

    “The question pointedly arose in the context
    of industrial jurisprudence itself in a decision
    rendered by the House of Lords in Davies v.

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    Presbyterian Church of Wales(3). A dismissed
    pastor applied to an Industrial Tribunal under
    the Employment Protection (Consolidation)
    Act, 1978. He claimed that he had been
    employed by the Church under a contract of
    service and that he had been unfairly
    dismissed. The House of Lords held that an
    Industrial Tribunal had no jurisdiction to
    determine the reasonableness of such a
    termination. It was contended that on his
    appointment, a paster agreed to preach,
    conduct religious services and give religious
    instructions, to comfort the sick and bereaved
    and to propagate the faith in his pastorate for
    the benefit of the Church and its members;
    that he was employed by the Church full-time
    and in consideration he became entitled to a
    stipend and a manse. On these factors, it was
    claimed that the pastor was a servant
    employed under a contract of service.

    The contention was, however, repelled. The
    House of Lords observed (at p. 709):

    “The duties owed by the pastor to
    the Church are not contractual or
    enforceable. A pastor is called and
    he accepts the call. He does not
    devote his working life but his whole
    life to the Church and his religion,
    his duties are defined and his

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    activities are dictated not by
    contract but by conscience. He is the
    servant of God…… duties owed by
    the Church to the pastor are not
    contractual.” (Emphasis supplied).

    Differences and details notwithstanding,
    a basic approach is indicated by the above
    decision
    , in the context of a cleavage of views
    regarding the nature and character of
    services by a person in the spiritual field.

    V. P. Gopalan Nambiar, J., as he then
    was, took the view in Superintendent,
    Koodalmanickom Devaswom v. Kunhan Karthe

    (4), that:

    “…that part of the Koodalmanickom
    Devaswom which is engaged in the
    collection of rent of its properties
    and maintenance of records of these
    collections, is an ‘establishment’ as
    given in the definition of
    ‘commercial establishment in the
    Kerala Shops Act, 1960.”

    The decision of this Court on this aspect
    in The Devaswom Board’s Maramath
    Department
    case and Jaganath Temple
    case(5), decided by the Orissa High Court

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    have been referred to in that case. The
    discussion could indicate that the conclusion
    was reached by the learned Judge in a halting
    manner, as evident from the sentence
    reading:

    “…the only question is whether the
    Devaswom fills the bill for the
    limited purpose of the Act and not
    whether it can be said to be a
    commercial establishment for all
    purposes, whatsoever.” (Emphasis
    supplied)

    The learned Judge after referring to the
    decisions rendered in the background of the
    Industrial Disputes Act, chose to emphasise
    the fact that “it would be inappropriate to
    import into the Shops and Commercial
    Establishments Act
    the definition of the term
    “Industry” as given in the Industrial Disputes
    Act
    .” It was also observed that the definition
    of the term “commercial establishment” in the
    Kerala Shops and Establishments Act was
    “wider than what is contained in the Madras
    Travancore-Cochin counterparts.”

    The case was taken up in appeal. The
    subiect-matter was compromised during the
    pendency of the appeal. The Division Bench

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    took care to set aside that decision, and left
    the matter “open for consideration in an
    appropriate case untrammelled by anything
    said in that judgment.”

    When an employee of a Thirumullapulli
    Devaswom was dismissed the question again
    sprang up. Namboodiripad, J., had a different
    approach and a different conclusion. See
    Thirumullapulli Devaswom v. Commissioner
    (6). The approach was more from the point of
    view of the nature and features of the
    establishment. A deep insight into, and an
    intimacy with the internal working of a
    temple enabled the learned Judge to have his
    views in sharp focus. With great respect, I
    endorse that approach and conclusion. See
    the observations (at p. 142):

    “Devaswom’ is a compendious
    expression taking in a temple, its
    property, its management, etc. Certain
    employees of a temple will have to
    discharge duties which are exclusively
    concerned with the performance of
    religious rites in accordance with
    Sastras, the traditions of the temple,
    custom, etc… Every person employed
    by a Devaswom normally discharges
    functions pertaining to the proper
    functioning of the temple, the

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    paramount object of which is to main-

    tain the place of worship in proper
    condition for the benefit of the
    devotees…. the mere fact that certain
    employees are directed to discharge
    non-religious or administrative
    functions does not mean that the
    persons employed by the Devaswom
    are ‘mainly engaged in office work’.”

    The learned Judge sought to buttress his view
    by drawing on general observations contained
    in V. Sasidharan v. Peter and Karunakaran(7).
    That decision which concerns a lawyer’s office
    has been affirmed by the Supreme Court in
    Sasidharan v. Peter and Karunakaran(8).

    It is unnecessary in this case to consider
    whether other employees of a Devaswom will
    adequately satisfy the requirements of the
    relevant definition of “employee” or
    “workman.” A poojary or a priest stands away
    from the general queue, with his distinctive
    dress, decorum, discipline and devotion, and
    with his distinct duties and subtle services.

    There is all the difference between a
    mahout, cook or clerk, active in the precincts
    of the temple or its corridors and office
    rooms, and a priest placed in the sanctum
    sanctorum and silently saying his prayers.

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    An evaluation of the evolution of the
    office of archaka or priest, as priest, as
    available from the rich legal literature,
    dissuades me from equating him to a mere
    wage earner; and to treat his services as
    manual or clerical in the sense in which those
    terms are employed in the setting of the
    Industrial Disputes Act, 1947. The deity he
    propitiates or the God he serves, cannot be
    looked upon as a profit producing scheme or
    set up. The owner of a temple cannot,
    therefore, be equated to an industrial or
    commercial employer. The petitioner cannot,
    therefore, be treated as a workman, coming
    under that term as defined in the Industrial
    Disputes Act, 1947
    . The order of the Labour
    Court on this point is, therefore, correct.
    Consequently, there is no scope for
    interference with the order for that reason
    too”

    41. The Hon’ble Madras High Court in the case of M.R.

    Damon (Ms.), Mission Superintendent, P.B. No.17, Andivilla

    Bungalow, Kodaikanal and Another (supra), while considering

    the issue as to whether the Pastor in Church can be said to be

    a ‘Workman’ or not, it was held that the Pastor cannot be

    considered as a ‘Workman’, as under:-

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    “9. While dealing with the duties of a Pastor and
    his relationship with the Church, the House of
    Lords, in the decision in Davies v. Presbyterian
    Church of Wales, 1986 (1) All ER 705, have held
    as follows:

    “My Lords, it is possible for a man to be
    employed as a servant or as an
    independent contractor to carry out
    duties which are exclusively spiritual. But
    in the present case the pastor of the
    Church cannot point to any contract
    between himself and the Church. The
    book of rules does not contain terms of
    employment capable of being offered and
    accepted in the course of a religious
    ceremony. The duties owned by the
    pastor to the Church are not contractual
    or enforceable. A pastor is called and
    accepts the call. He does not devote his
    working life but his whole life to the
    Church and his religion. His duties are
    defined and his activities are dictated not
    by contract but by conscience. He is the
    Servant of God. If his manner of serving
    God is not acceptable to the Church, then
    his pastorate can be brought to an end by
    the Church in accordance with the rules.
    The law will ensure that a pastor is not

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    deprived of his salaried pastorate save in
    accordance with the provisions of the
    book of rules but an industrial tribunal
    cannot determine whether a reasonable
    Church would sever the link between
    minister and congregation.

    The duties owned by the Church to the
    pastor are not contractual. The law
    imposes on the Church a duty not to
    deprive a pastor of his office which
    carries a stipend, save in accordance
    with the procedures set forth in the book
    of rules. The law imposes on the Church
    a duty to administer its property in
    accordance with the provisions of the
    book of rules.”

    42. In view of the above dictum of law and analysis carried

    out, it is apparent that the appellant being a Pujari, looking

    after the Temple, would not fall within the scope of the

    ‘Workman’ as per Section 2(s) of the I.D. Act because, a Pujari

    in a Temple does not do any manual, unskilled, skilled,

    technical, operational, clerical or supervisory work but, he

    only applies his knowledge of religious hymns, bhajans and

    aarties and recites the same in the Temple and merely helping

    the other Temple activities incidentally, cannot be considered

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    to be work specified in Section 2(s) of the I.D. Act.

    43. In view of the above foregoing reasons, no interference

    is called for in the impugned Judgment and Order passed by

    the Labour Court and confirmed by the learned Single Judge.

    The appeal, therefore, being devoid of any merit, is

    accordingly dismissed with no order as to cost.

    (BHARGAV D. KARIA, J)

    (L. S. PIRZADA, J)
    Hitesh

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