MARVARI SEVA SANGH VARANASI Vs. STATE OF UP

JUDGEMENT

(1.) ACCORDING to the counsel for petitioner, "shree marwari Seva Sangh" - the petitioner is a registered society managing "dharmshala" and rendering services for stay etc. to the pilgrims, passengers, old people and their attendants without taking any charge from them and there is no business or commercial activities in the dharmashala. The source of income of the society is donations from charity minded persons and its income is also exempted under section 80-G (5) of the Income Tax Act, 1961.

(2.) FOR the first time, by Notification dated december 30,1994 appended as annexure-II to the writ petition, minimum wages were fixed for employment in Dharmashala except those charging no rent or charging upto Rs. 5/- per day as rent, were exempted from the purview of aforesaid notification.

(3.) IT is stated that since no charge/rent is being realised by the petitioner for rendering aforesaid services, it belongs to the exempted category. The petitioner Dhrmashala was inspected on May 27, 2008 and against the inspection note dated May 27, 2008 under the minimum Wages Act, 1948, the petitioner filed a representation dated July 2, 2008 to Labour enforcement Officer, Varanasi which is appended as Annexure-10 to the writ petition, inter alia that the society is a charitable society which provide services to the public like free fooding to saints, poors, students and helpless down trodden people of the society, extend all sort of free services in case of famine, other epidemic diseases and other causalities, free medical facilities and arrangements for temporary and permanent stay to pilgrims, old people etc. , therefore, it is not covered under u. P. Dookan Avam Vanijya Adhishthan adhiniyam, 1962.