GAJANAN MAHARAJ SANSTHAN Vs. INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) PETITIONER, Shri Gajanan Maharaj Sansthan, Shegaon, District Buldhana (hereinafter referred to as 'the Sansthan' for the sake of brevity), challenges the award passed by the Labour Court in Reference No.1 of 1983. The said reference was occassioned on account of an industrial dispute between the petitioner/sansthan and its employees. The employees, who then were 200 in number, had submitted a Charter of Demand and demanded that their pay-scales should be fixed and that they should be also given the pays as per their categories. There were number of other demands put up by the employees. The petitioner/sansthan did not agree with these demands and, therefore, a reference came to be made by the Conciliation Officer. The said reference was answered against the petitioner/sansthan firstly holding it as an industry and, secondly, fixing the pay-scales of all the employees, by categorising them. It is this award which is the subject matter of the challenge in the present petition.

(2.) SHRI A. R. Patil, learned Counsel appearing on behalf of the petitioner/sansthan has restricted himself only to the question as to whether the petitioner/sansthan can be called an industry within the meaning of section 2 (j) of the Industrial Disputes Act, 1947. He submits that the petitioner is a registered Public Trust under the Bombay Public Trusts Act,1950, and carries only religious and charitable activities at Shegaon. According to him, it is because of the advent of a Great Sant SHRI Gajanan Maharaj, in the year 1878 and on account of his divine powers that a temple came to be established where the Samadhi of the Great Sant is situated. It is this Samadhi which, ultimately, was transformed into a huge temple with hundreds of devotees coming to this temple every day. It is pointed out by the learned Counsel that in order to see that the devotees are not put to inconvenience, the Public Trust, which has come into existence, gives various services to these devotees like distribution of food, the facility to stay at Shegaon at cheap rates by making accommodation available to them. It is pointed out that other activities are also undertaken like running a free dispensary as also providing free transportation facilities to the devotees. The learned Counsel goes on to submit that since all these are religious activities, they cannot be called to be the commercial activities and, indeed, it cannot be held that they are the activities run with the idea of earning any profits. According to the learned Counsel, therefore, the said Public Trust/sansthan cannot be held to be an industry.

(3.) ON behalf of the workmen, some witnesses have been examined, the chief amongst them being one Dnyandeo Ramrao Gaigol, who was working as a clerk in the Money Order Department, to begin with, and then he was working as an Accountant. This witness has given a graphic description of the activities which are undertaken by the Sansthans. According to him, there is a unit called 'bhakt Nivas' and about 100 rooms are provided for the devotees who have to pay Rs. 11/- as deposit and Rs. 11/- as rent for 24 hours. He also pointed out that the bed-sheets are also provided at the rent of Re. 1/- per bedsheet. He further deposed that the Sansthan also provides food at the rate of Rs. 2/- per Rice Plate. He had also spoken about the three hospitals which are run by the Sansthan. The witness deposed about a Mangal Karyalaya, where marriages are solemnised and a fee is charged. The witness has also pointed out that in the temple, ceremony 'abhishek' is held on some payment, for which the devotees pay Rs. 11/-, or Rs. 21/- or even Rs. 101/ -. Besides this, according to the witness, there are donations received by the temple in thousands of rupees. He has also given a graphic description of different departments, such as Poojapat Vibhag, Accounts Department, Donation Department, Money Order Section, Utensils and Bichhayat Department, Bhakta Niwas, Bhojan Kaksha, Gorakshan (Pashu Vibhag), Motor Section, Bhagwat Dharm Shikshana Sanstha, Garden Vibhagd Agriculture, 'diwabatti' Maintenance of building Hospitals Departments, etc. In short, this witness has given a complete blue-print of the activities of this Sansthan. He has also pointed out that the utensils as also fans etc. are given on rent so also the place is provided on rent for performing marriages. Thus, it is clear from the evidence of this witness that there are systematic activities going on under the various departments of the temple. 4.The witness has been cross-examined at length. However, nothing significant has been brought out in the cross-examination regarding these activities and it is established that these activities are really run by the Sansthan. 5.There are other witnesses examined, who were actually working as Pujaris or watchmen, who have also deposed about their service conditions. There is very little or no challenge to that evidence. ONe clerk is also examined as witness No.4, who has spoken regarding income of the Trust from the Bhakta Niwas on account of the devotees being charged for their stay for 24 hours and also the Rice Plates which are made available by the Sansthan to the devotees for charges. He has also spoken about the charges for Abhishek and the other religious rituals, which are charged by the Sansthans. He has also spoken about the dispensary. All this evidence has remained almost unchallenged.