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 claims of volunteerism.

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 petitioner in W.P. No.20239/2013, which is the Union, shall be referred to as workmen and the petitioner in W.P. Nos.17860 and 17861/2013, who is the 1^st respondent in W.P. No.20239/2013 shall be referred to as the Management.

3. W.M.P. Nos.17670 and 17672/2023, which have been filed by the petitioner in W.P. Nos.17860 and 17861/2013 to implead the legal heirs of the deceased respondents 12, 39, 53 and 57 are ordered as prayed for. Registry is directed to carry out the necessary amendment to the cause title.

FACTS IN W.P. NO.20239/2013 :

4. It is the case of the petitioner that it is a Trade Union consisting of about 1000 employees, who are working under the Management of which 250 are permanent workers and 650 are probationers and all the workmen are working under the Management for the past more than 30 years.

5. It is the further case of the workmen that Management is under the control of the Diocese of Tanjore Society and the Rector and Parish Priest of the Shrine. All the workers are being paid only by the Rector and Parish Priest of Velankanni. It is the further case of the workmen that in order to render valuable service to pilgrims who are visiting the respondent shrine from within India and abroad and also to regulate the movement of the pilgrims and to provide accommodation to them, quarters are being maintained by the Management for which the workmen are engaged to do all the works relating to the shrine. It is the further case of the workmen that not only in the quarters, but also in the museum, canteen and tonsuring place, several workmen have been employed and are being paid for the work done by them. It is therefore the stand of the workmen that the workmen are under the control of the Management and the activities carried on by them for the Management fall well within the definition of industry.

6. It is the further case of the workmen that they made several claims to the Management with regard to revision of their wage structure depending upon the nature of their duties and also made claim for Dearness allowance, House Rent Allowance, Medical Allowance, Tea Allowance, Night Shift Allowance, Laundry allowance and Gloves Allowance for conservancy staff and also for provision of uniforms on regular basis. Inspite of repeated demands made by the workmen, the same was not considered and, therefore, to espouse their cause, the Union, on behalf of the workmen, filed claim statement before the Conciliation Officer, which upon ending in failure and submission of a failure report, the Government made the reference to the Labour Court, Cuddalore, referring the industrial dispute in G.O. Ms. No.149, dated 19.2.1999 for adjudication of the demands of the workmen.

7. It is the further averment of the petitioner that as against the said reference the Manageme