LAWS(KER)-1999-11-39

JAYARAM Vs. TRAVANCORE DEVASWOM BOARD

Decided On November 03, 1999
JAYARAM Appellant
V/S
TRAVANCORE DEVASWOM BOARD Respondents

JUDGEMENT

(1.) Heard Mr. K. Shrihari Rao for the petitioner, Mr. P.G. Parameswara Panicker for the first respondent, Mr. M.R. Rajendran Nair for the 3rd respondent, M/s. K.R. Kurup and K.P. Kailasanatha Pillay for Respondents 7 & 9, and Mr. S.P. Aravindakshan Pillai for the 8th respondent.

(2.) The Original Petition was filed praying for a mandamus directing the respondents to free the temple and the 1st respondent from all trade union activities and politicisation of 1st respondent; further directing the 1st respondent to initiate appropriate action against the 3rd respondent to get back all unauthorised possession of the 1st respondent's building which is used by the 3rd respondent as its office; and a further mandamus directing the 1st and 4th respondents to conduct a thorough enquiry with regard to the rude action of the 3rd respondent and its members created on 1.10.1996 at the premises of the 2nd respondent's office and submit a report before this Court. Other incidental reliefs are also prayed for.

(3.) The petitioner submits that he is a permanent resident of Vaikom and is actively associated with the Kerala Kshethra Samrakshana Samithi and a believer of God and temple worship. The Original Petition is filed in a representative capacity as a believer of God and temple worship and representing believers of God and temple worship of Kerala. According to the petitioner, the action of the 3rd respondent union badly affected the functioning of the Second respondent's office and that the appointment of politicians in the Board, formation of unions in the Board and temples and giving strike notices, etc. are totally illegal and against the law declared by this Court in various judgments of this Court and as a believer of God and temple worship the petitioner has approached this Court for the relief mentioned above. Petitioner also refers to the judgment of a Division Bench of this Court in O.P. No. 3821 of 1990 dated 10.4.1992, placing strong reliance on Para.24 of the said judgment to say that union activity is not conducive in temples and their administration and that union activities and strikes are totally against temple atmosphere and in such circumstances, the formation of union and calling strikes etc. are illegal and unjustifiable. It is also stated that the 3rd respondent Union is having its office in a building owned by the first respondent and that they are occupying the building without any valid permit obtained from the first respondent, but, it is alleged that the first respondent has not taken any action against the unauthorised occupation or tried to get vacant possession of the building, which, according to the petitioner, is an indication that the first respondent itself is patronising trade union activities in temples and in the Board, which is totally against the judgment of this Court in O.P. 3821 of 1990. Petitioner has also placed strong reliance on the order of this Court in T.D.B. No. 31 of 1993 dated 24.9.1993 in which this Court held that the service in a temple is not like service in other branches of the State or any other organisation and proper conduct and good morale are required for a person to be appointed as an employee in the temple service. Reference was also made to the decisions of this Court reported in Thirumullappally Devaswom v. Commissioner ( 1979 KLT 139 ) and Kesava Bhat v. Sree Ram Ambalam Trust (1989 (1) KLN 57).