SEETHA K. Vs. MANAGING TRUSTEE, THIRUVANGAD SREERAMASWAMI TEMPLE

JUDGEMENT

(1.) The question raised in this appeal is regarding the applicability of the provisions of Payment of Gratuity Act, 1972 to an employee of a Trust administering a Temple.

(2.) The respondent appointed the deceased husband of the appellant as an Attender. He joined service on 1.12.1976 and after 27 years of service, attained the age of superannuation and retired from Thiruvangad Sreeramaswami Temple. Being unsatisfied with the amount of gratuity paid under the rules framed under the Madras Hindu Religious and Charitable Endowment Act, 1951, he claimed gratuity under the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Act'). Overruling the objection that the Act was inapplicable to the temple, the controlling authority passed order directing that gratuity under the Act shall be paid and the said order was confirmed by the Appellate Authority under the Act. There orders were challenged in the writ petition filed by the first respondent.

(3.) Placing reliance on the judgments of this court in Thirumullapulli Devawom Vs. Commissioner for Workmen's Compensation [1979 (1) LLJ 398] and Narayanan Namboodiri and Others Vs. Cochin Devaswom Board and Another [1979 (2) LLJ 446], and concluding that having regard to the provisions of Sec. 1(3)(b) of the Act, a temple is not a shop or establishment as defined in the Kerala Shops and Commercial Establishments Act, 1960 or any other enactment applicable in the State, and that therefore the claimant would not be covered under the Act, the writ petition was allowed. It is this judgment, which is questioned before us.