SULABH INTERNATIONAL SOCIAL SERVICE ORGANIZATION, THROUGH ITS GENERAL SECRETARY, AKHOURI PREM PRAKASH, SULABH BHAWAN, NEAR PATLIPUTRA COLONY, P.S. Vs. REGIONAL PROVIDENT FUND COMMISSIONER, BIHAR, R. BLOCK, ROAD NO. 6, P.S.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel appearing for the respondent. By filing this writ application, petitioner seeks the following reliefs:

(2.) The petitioner, namely, Sulabh International Social Service Organization is a Society registered under the Societies Registration Act, 1860 and consists of voluntary social workers, who have joined the organisation as associate members to work for the purpose of improving the life of scavengers by relieving them from carrying the night soils on their head and to bring respect to their social life. It is a voluntary philanthropic organization, which is carrying out activities on no profit and no loss basis . There is no master and servant relationship between the organisation and its associate members, who are rendering voluntary social service. The associate members are free to render their social services as and when they so like and for such duration, as is convenient to them. The organization's role is limited to channeling and coordinating the activities of the associate members, to achieve its objective of liberation and welfare of scavengers from the demeaning practise of cleaning human excreta and to restore human dignity to fulfil the dream of the Father of Nation Mahatma Gandhi. The volunteers are not the employees of the organisation and have not joined the organisation for personal or monetary benefit. The petitioner is not an Industry under Sec. 2(j) of the Industrial Disputes Act and hence, the provisions of Employees Provident Fund and Miscellaneous Provisions Act, 1952 (in short the EPF & MP Act ) are not applicable, as it is a voluntary social organization. The organisation is not an establishment and as such, many Labour Laws including the EPF & MP Act, would not be applicable to it.

(3.) On 15.06.1982, the State of Bihar made a reference under the Industrial Disputes Act on the representation of some persons claiming to be workmen of the Sulabh International. According to the petitioner, the Tribunal without appreciating the philanthropic nature of Sulabh International, held it to be an Industry and passed award, for quantum of wages vide Award, dated 04.07.1988. The management of Sulabh challenged the aforesaid award before this Court by way of writ petition, bearing C.W.J.C. No. 3408 of 1989. After considering all the facts and circumstances, a Division Bench of this Court, vide order, dated 09.02.1990 held that Sulabh International is not an industry within the meaning of Sec. 2(j) of the Industrial Disputes Act and recorded a finding that the organisation consists of voluntary workers, who impart vocational training on their own to jobless scavengers. The Division Bench further gave its findings that the said volunteers are paid small sums as their pocket expenses and are not being paid any wages. The order of the Division Bench, dated 09.02.1990, was challenged by the so-called workers union namely, Bhartiya Sulabh Sauchaly Karmchari Sangh by way of Special Leave Petition, which was numbered as SLP (Civil) No. 2527 of 1991. The said SLP was dismissed as withdrawn vide order, dated 17.02.1994 of the Honourable Supreme Court. A review petition filed by the Workers Union, being Review Petition (C) No. 491 of 1996, was also dismissed on merit. Copy of the judgment, dated 17.02.1994 and 20.03.1996 are annexed as Annexures P/2 and P/3.