HARIHAR BAHINIPATY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE main point in this writ petition is whether the petitioners working under Shri jagannath Temple Managing Committee as Daffadars, Barkandajes, Ballav Gudias (who prepare Ballav and Kora which are offered to the deities) form an 'industry' within the meaning of Industrial Disputes Act, 1947.

(2.) THE dispute between the management of Shri Jagannath Temple, Puri, and the petitioners who claim to be workmen represented by Jagannath Temple Employees union is over the arrears of salary which the management refused to pay the petitioners. The petitioners' Union raised the matter before the Assistant Labour commissioner for conciliation which ultimately failed. Thereafter in due course the petitioners moved the State Government for referring the dispute for adjudication. The State Government by their Order dated April 14, 1964 decided that there is no case for reference of the dispute for adjudication since, according to the government, the dispute between the management of Puri Jagannath Temple and its workmen does not come within the purview of the Industrial Disputes Act, 1947. It is this order which the petitioners challenge in this writ petition and pray for a decision on the State of Orissa to refer the dispute for adjudication under section 10 of the Act.

(3.) IT is not disputed that Jagannath Temple is a spiritual institution. Lord jagannath is the presiding deity in the temple. The pilgrims visit the place for their spiritual benefit. The offerings that the pilgrims make to the deity are primarily by way of oblation to the deity although ultimately the offerings, namely the Bhog, are sold to the public. Undoubtedly the predominant function of the 'temple is for spiritual benefit of Hindu Public who hail from all over the country. Considered from this aspect, which I shall deal with more fully hereafter, it cannot be said that jagannath Temple is an industry.