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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S., JJ
Malabar Devaswom Board – Appellant
Versus
K.p.kesavan Nambeeshan – Respondent
JUDGMENT :
(Anil K. Narendran, J.)
Respondents 2 to 4 in W.P.(C)No.25037 of 2013 have filed this writ appeal, invoking the provisions under Section 5(i) of the Kerala High Court Act, 1958, challenging the judgment of the learned Single Judge dated 16.01.2015 in that writ petition. The said writ petition was one filed by respondents 1 to 7 herein, who are the temple employees of Sree Meledath Siva Temple, a controlled institution under the Malabar Devaswom Board, in respect of which the 9th respondent herein is the hereditary trustee and the 10th respondent is the Executive Officer. The petitioners have filed that writ petition, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 4, namely, the State of Kerala; the Malabar Devaswom Board; the Commissioner, Malabar Devaswom Board; and the Assistant Commissioner, Kozhikode to forthwith disburse the arrears of salary as evidenced by Ext.P6 statement dated nil. They have also sought for a writ of mandamus commanding the respondents to disburse their full salary on the day fixed for disbursement of salary. The respondents in that writ petition,
A writ of mandamus can only be issued when there is a legal right to compel performance of a statutory duty, which was not established in this case.
The provisions of the Kerala Devaswom Recruitment Board Act, 2015 do not apply to individuals seeking pay parity as employees under existing orders, emphasizing adherence to binding precedents.
The employer-employee relationship is essential for the application of Section 17B of the Industrial Disputes Act, which mandates wage payments during the pendency of legal proceedings.
Point of Law : Claim of the petitioner cannot be rejected on the ground that he is not entitled for the scheme as he is an executive officer.
The existing provisions under the Travancore-Cochin Hindu Religious Institutions Act and previous court orders adequately govern staff deployment for special duties during festivals, limiting grounds....
The court ruled that complaints about deployment of Devaswom employees during festivals must be addressed through writ petitions, emphasizing adherence to existing judicial guidelines.
The true test of an employer-employee relationship is whether the worker labours to produce goods or services for the business of another, and whether the worker's livelihood substantially depends on....
Trustees of religious institutions must adhere to fiduciary duties and statutory guidelines to safeguard temple funds and avoid conflicts of interest.
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