SHETH MOTISHAW LALBAUG JAIN CHARITIES A TRUST REGISTERED UNDER BOMBAY PUBLIC TRUST ACT, 1950 Vs. BOMBAY GENERAL EMPLOYEES ASSOCIATION

JUDGEMENT

(1.) Writ Petition No. 1946 of 1997 has been placed before us pursuant to an order dated 14th December, 2001 passed by the learned Single Judge of this Court (Shri A.M. Khanwilkar, J. as his Lordship then was) to obtain an authoritative pronouncement by a Division Bench on the issue whether the Petitioner trust (Sheth Motishaw Lalbaug Jain Charities), which is a religious charitable trust, is an industry or not. By order dated 22nd September, 2009, Writ Petition No. 1807 of 2009 has been directed to be placed along with Writ Petition No. 1946 of 1997.

(2.) This reference was necessitated as the learned Single Judge (as his Lordship then was) in Writ Petition No. 1946 of 1997 was of the opinion that an earlier decision of this Court relied by the workman rendered by learned Single Judge of this Court in Shri Gajanan Maharaj Sansthan, 1997 1 CurLR 338 (as also by learned Single Judge in Shri Cutchi Visa Oswal Derawasi Jain Mahajan's case) made a wide statement of law which does not appear to be correct. At this stage itself it would be pertinent to mention that the decision of the learned Single Judge in Shri Gajanan Maharaj Sansthan case has been set aside by the Hon'ble Supreme Court in the decision reported as Shri Gajanan Maharaj Sansthan vs. Shri Gajanan Karmachari Sangh and another, 2002 10 SCC 531. We will deal with this aspect in some detail in the later part of our judgment.

(3.) Suffice it to mention at this juncture that the reference then was necessary to test whether the decisions (one of which was in Shri Gajanan Maharaj Sansthan case) rendered by the learned Single Judges of this Court made such a wide statement of law which was not correct in the light of the principles enunciated by the 7- Judge Bench of the Hon'ble Supreme Court in the celebrated case of Bangalore Water Supply & Sewerage Board, Etc. Vs. A. Rajappa & Others, 1978 AIR(SC) 548. The Hon'ble Supreme Court in Shri Gajanan Maharaj Sansthan case has laid down the appropriate tests to be applied by the Courts while deciding the question as to what charities/religious institutions are 'Industry'. In view of the authoritative pronouncement of the Apex Court in the case of Shri Gajanan Maharaj Sansthan, the question posed by the learned Single Judge now stands squarely answered.