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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.DHANDAPANI
Punitha Arokiya Annai Thiruthala Peralaya Uzhiyar Munnetra Sangam – Appellant
Versus
Shrine Basilica of Our Lady Health Velankanni – Respondent
| Table of Content |
|---|
| 1. factual background of workmen's claims. (Para 4 , 5 , 6 , 7) |
| 2. management's position on workmen being volunteers. (Para 9 , 10 , 11 , 12) |
| 3. arguments from workmen regarding employment status. (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 4. management's defense of volunteer status and natural justice violations. (Para 20 , 21 , 22 , 23) |
| 5. court's considerations on applicability of industrial disputes act. (Para 26 , 27 , 28 , 29) |
| 6. detailed interpretation of 'industry' and relevant cases. (Para 33 , 34 , 35 , 36) |
| 7. ratio decidendi on employer-employee relationship. (Para 44 , 46 , 48) |
| 8. final order and remittance to labour court. (Para 77) |
ORDER :
1. While W.P. No.20239/2013 was heard on 14.2.2025 and orders were reserved on the said date, however, W.P. Nos.17860 and 17861 of 2013 were listed for hearing on 21.2.2025 and since the larger issue therein was connected with the issue raised in W.P. No.20239/2013, though only a smaller relief was sought for in the said writ petitions, in view of the said larger question that falls for consideration, both the petitions are taken up together for final disposal through the present common order.
2. For the sake of convenience, the petit
The court found that religious institutions may qualify as 'industry' under the Industrial Disputes Act, leading to labor law protections for workers disputing unpaid entitlements despite management ....
The definition of 'industry' under Section 2(j) of the Industrial Disputes Act, 1947 excludes organizations engaged in sovereign functions or those not producing goods or services for market consumpt....
A public charitable trust employing personnel for systematic management of properties and operational activities can be classified as an 'industry' under Section 2(j) of the Industrial Disputes Act, ....
The definition of 'Industry' includes entities engaging in systematic activities with employer-employee relations, irrespective of the profit motive, as determined under the Industrial Disputes Act.
The court affirmed that the Dharmarth Trust operates as an industry under the Industrial Disputes Act, acknowledging employee rights and obligations.
The determination of whether an entity qualifies as an 'industry' under the U.P. Industrial Disputes Act should be based on the nature of its activities, and the power of reference under the Act is a....
The main legal point established in the judgment is that the management's activities met the criteria of an 'industry' under the I.D. Act, and the workman's termination was held to be illegal under S....
An employer performing non-sovereign functions must comply with the Industrial Disputes Act, including provisions for retrenchment, regardless of the employment's casual nature.
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