RADHASOAMI SATSANG SABHA Vs. RASHTRIYA MAZDOOR CONGRESS

JUDGEMENT

(1.) This petition, at the instance of Radhasoami Satsang Sabha, Dayalbagh, Agra (hereinafter referred to as the Sabha) stems from a reference made by the State Government under Section 4 -K of the U.P. Industrial Disputes Act, 1947 (hereinafter referred to as the Act). This reference was made to the Labour Court, Agra (hereinafter referred to as the Court) and was registered as Adjudication Case No. 59 of 1978. The Court disposed of certain preliminary issues and its decision on those issues is being impugned.

(2.) THE controversy in this Court is confined to the question whether the agriculture farm known as M/s. Radhasoami Satsang Sabha Krishi Farm (hereinafter referred to as the farm) owned and run by the Sabha is an 'industry' within the meaning of the Act.

(3.) THE 28 labourers (hereinafter referred to as the workmen) whose case was espoused by Rashtriya Mazdoor Congress and Sajag Khetihar Mazdoor Union, in their written statement plead: In the farm cereals and non -cereals are produced. These are marketable and are sold at profitable prices not only for the residents of Dayal Bagh, the workers of the farm, but also to the community at large in the open market at Agra. The relationship of employer -employee exists between the Sabha and the 28 workmen as they are paid wages for the services rendered by them. The religious activities which emanate from Sant Sat Guru have no connection with the industrial activity at the farm. Besides this activity, the Sabha indulges in other industrial activities viz. modern industries, tannery, textiles, Dayal Bagh Press, Shoe manufacturing industry and hosiery, etc. The 50 to 55 workmen referred to in the pleadings of the Sabha have been working at the farm permanently for a number of years and so far they are concerned they are 'workmen' and for them the farm is an industry.