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2007 Supreme(Kar) 385

ANAND BYRAREDDY
MANAGEMENT OF SRI VENKATARAMANA TEMPLE AND SRI HALE MARIYAMMA TEMPLE, KAPU, UDUPI DISTRICT – Appellant
Versus
DEPUTY LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972, HASSAN REGION, HASSAN – Respondent


Advocates appeared
Sri KM. Nataraj, Advocate for Petitioner in W.P. No. 21406 of 2004;
Sri U.P. Muliya, Advocate for Petitioner in W.P. No. 22164 of 2004;
Respondents-1 and 2 are served in W.P. Nos. 21406 and 22164 of 2004;
Sri B.Y. Krishna, Advocate for Respondent-3 in W.P. No. 21406 of 2004;
Sri Sanath Kumar Shetty, Advocate for Respondent-3 in W.P. No. 22164 of 2004.

ORDER

These petitions are taken up for consideration together, Since the issues involved are identical.

2. In the first of the petitions, the Trustees who manage the Sri Venkataramana Temple and Hale Mariyamma Temple Kapu, Udupi District are the petitioners on behalf of the two temples. The challenge is to an order by the Assistant Labour Commissioner and Controlling Authority (under the Payment of Gratuity Act, 1972), Mangalore, as well as an order passed by the Deputy Labour Commissioner, Hassan Region, Hassan, dismissing the appeal against the order of the former.

3. It is the contention of the petitioners that the temples are managed by the Goudasaraswatha Brahmin Community, a religious denomination. And that the State has no control over the administration of these temples as there are no statutory provisions applicable to them.

4. It is stated that the third respondent was an erstwhile manager employed by the petitioners and that he had resigned from his job in the year 1994. But, had proceeded to raise a dispute under the Industrial Disputes Act, 1947, while negating his resignation. The reference is said to have been rejected by the Labour Court. During the pendency of those pr
















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