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2021 Supreme(AP) 1074

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
D.V.S.S. SOMAYAJULU, J.
Sri Raghavendra Swamy Mutt, Mantralayam, Kurnool Dist. - Petitioner
Versus
The State of Andhra Pradesh Rep., by its Special Chief Secretary to Government and Others – Respondents
W.P.Nos.9641 and 12908 of 2021
Decided On : 21-09-2021

Advocates Appeared:
For the Petitioners: Sri C.R. Sridharan, learned senior counsel rep. Sri G.V.S. Ganesh.

Headnote:(A) A.P. Charitable and Hindu Religious Institutions & Endowments Act, 1987 - Sections 2(17), 2(27), 6, 8, 48 - Challenge to memos directing payment of minimum wages to employees of a Math - The court held that a Math is distinct from a temple, and the Minimum Wages Act does not apply to Maths. (Paras 9 to 22)

(B) Autonomy of religious institutions - The State cannot interfere in the secular activities of a Math unless in cases of misconduct or mismanagement. (Paras 20 to 22)

Facts of the case:
The petitioner-Math challenged the validity of certain memos directing implementation of minimum wages for its employees, asserting that such directives are not applicable to it as a religious institution.

Findings of Court:
The memos directing the payment of minimum wages to the Math employees were deemed inapplicable, thereby preserving the Math's autonomy.

Issues: Whether the State has the authority to direct a Math in matters of employee compensation and the applicability of the Minimum Wages Act to a Math.

Ratio Decidendi: The distinction between a Math and a temple is significant; the government lacks jurisdiction to interfere with the management of the Math under the Minimum Wages Act.

Result: Writ petition allowed; consequential writ dismissed.

Table of Content
1. petition requests reliefs against government actions. (Para 1 , 2)
2. petitioner argues that math is a unique religious institution. (Para 5 , 6 , 7 , 8)
3. court distinguishes between math and temple in legal context. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15)
4. minimum wages act does not apply to math. (Para 16 , 18 , 19)
5. court reinforces math's autonomy from state interference. (Para 21 , 22 , 23)
6. memos are ruled inapplicable to petitioner math. (Para 24)
7. final decision to allow petition and dismiss another. (Para 25 , 26)

ORDER :

(D.V.S.S. Somayajulu, J.)

1. WP.No.9641 of 2021 is filed by the petitioner-Math for the following reliefs:

    “to declare a the Memo Nos. dated 04/07/2018 and 05/12/2018 issued by the Respondent No.1 herein and the consequent impugned direction in Rc.No.DP1/25031/3/2020 dated 19/04/2021 issued by the Respondent No.5 herein as inapplicable, void, without jurisdiction and without authority of law (b) and consequently issue a Writ of Mandamus or a Writ in the nature of Mandamus restraining the Respondents herein permanently from implementing the impugned direction vide Rc.No.DP1/25031/3/2020 dated 19/04/2021 issued by the Respondent No.5 herein and (c) any other writ, order or direction as this Hon’ble Court may deem fit and proper in the circumstances of the case including awarding of exemplary costs against the Respondents and in favour of the Petitioner and render justice…”

2. WP.No.12908 of 2021 is filed by the petitioner therein for the following reliefs :

    “to issue an appropriate writ, order or direction more in the nature of Writ of mandamus declaring the action of the respondent No.4 in not extending minimum time scale of pay attached to the last grade service even though the petitioner was discharging the duties similar to that of a Permanent employee by implementing the directions of the 2nd respondent dated 19.04.2021 in Rc.No.DP1/25032/3/2020 and the in action on the part of the 3rd respondent even after bringing to his notice about the deprivation of Minimum Wages through the representation dated 17.05.2021 by the petitioner as being illegal, arbitrary and is in violation of Articles 14, 16, 19 and 21 of the Constitution of India and consequently direct the respondents to pay the Minimum time scale of pay attached to the Sanitary Sweeper post along with arrears forthwith..”

3. This Court has heard Sri C.R.Sridharan, learned senior counsel for the petitioner representing Sri G.V.S.Ganesh and the Government Pleader for Endowments representing the respondents in WP.No.12908 of 2021.

4. The order passed in WP.No.9641 of 2021 will have a direct consequence on the second writ petition. Hence, WP.No.9641 of 2021 was heard at length.

5. Learned senior counsel submits that the petitioner is a Math, which is a specific religious denomination based at Manthralayam in Kurnool. According to the learned senior counsel, the writ petition had to be filed under Article 226 of the Constitution of India because the respondent was attempting to interfere with the activities of the Math and directing the petitioner to pay minimum wages etc., to the persons employed in the Math. This action of the respondent, which is as per the memos dated 04.07.2018, 05.12.2018 and the consequential direction dated 19.04.2021 is challenged. Learned senior counsel argues that the Math is a religious institution which is discharging both religious and secular functions. It is his contention that the respondent-State does not have the right to interfere with the Management of the Math and issue the directions contained in the impugned memos dated 04.07.2018, 05.12.2018 and the consequential direction dated 19.04.2021. Learned counsel for the petitioner argues that there is a clear distinction between a temple and a Math. He relies upon section 2(17) of the A.P. Charitable and Hindu Religious Institutions & Endowments Act, 1987 (for short ‘the Act’), which defines a Math as an institution whose principal duty is the prop

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