The primary function of the Jagannath Temple is for the spiritual benefit of Hindu Public and not for meeting material human needs, and hence, it cannot be considered an industry within the meaning of Section 2 (j) of the Industrial Disputes Act, 1947.

BARMAN, J.

( 1 ) THE main point in this writ petition is whether the petitioners working under Shri jagannath Temple Managing Committee as Daffadars, Barkandajes, Ballav Gudias (who prepare Ballav and Kora which are offered to the deities) form an 'industry' within the meaning of Industrial Disputes Act, 1947.

( 2 ) THE dispute between the management of Shri Jagannath Temple, Puri, and the petitioners who claim to be workmen represented by Jagannath Temple Employees union is over the arrears of salary which the management refused to pay the petitioners. The petitioners' Union raised the matter before the Assistant Labour commissioner for conciliation which ultimately failed. Thereafter in due course the petitioners moved the State Government for referring the dispute for adjudication. The State Government by their Order dated April 14, 1964 decided that there is no case for reference of the dispute for adjudication since, according to the government, the dispute between the management of Puri Jagannath Temple and its workmen does not come within the purview of the Industrial Disputes Act, 1947. It is this order which the petitioners challenge in this writ petition and pray for a decision on the State of Orissa to refer the dispute for adjudication under section 10 of the Act.

( 3 ) IT is not disputed that Jagannath Temple is a spiritual institution. Lord jagannath is the presiding deity in the temple. The pilgrims visit the place for their spiritual benefit. The offerings that the pilgrims make to the deity are primarily by way of oblation to the deity although ultimately the offerings, namely the Bhog, are sold to the public. Undoubtedly the predominant function of the 'temple is for spiritual benefit of Hindu Public who hail from all over the country. Considered from this aspect, which I shall deal with more fully hereafter, it cannot be said that jagannath Temple is an industry.

( 4 ) THE petitioners' point is that they as Daffadars, Barkandas, and Ballav Gudias appointed by Shri Jagannath Temple Managing Committee form a separate independent unit for maintaining order and discipline in the temple and also otherwise serving other material human needs as opposed to the spiritual needs and accordingly they by themselves form an 'industry' within the meaning of the act. It is said that most of the petitioners serve the temple in the capacity of barkandas and many are employed in the work of preparing Ballav, in collecting rent, in electric work, in the office as moharirs and peons, in cleansing the temple and the office which is outside the temple premises. Barkandaj-petitioners maintain peace and order in the temple and also guard the temple and temple office. The Daffadars-petitioners work as supervisors over Barkandajes.

( 5 ) THE main grounds on which the petitioners rely in support of their claim as forming an industry are, as stated in paragraphs 3, 6, and 8 of the petition, these:

"3. That Shri Jagannath Temple, one of the prominent places of Hindu pilgrims was being administered by the Rajas of Puri. The Sevaks of the temple who were a part and parcel of the temple were being treated separately from the servants who were merely administering to the material needs of the temple administration and the visiting pilgrims. This distinction was manifest in the hereditary rights given to the sevakas whereas the servants who were being paid salary or wages were being appointed by the temple administration. This distinction was recognised by the Jagannath Temple of Puri (Administration) Act, 1952 (Act XIV of 1952) which embodies the rights of the Sevakas in a record of rights prepared for the purpose. "

"6. That the maintenance of peace and order in the temple and preparation of sweets are undertakings not connected essentially with the spiritual side of the temple. They are such undertakings as any ordinary man might undertake for profit".

"8. That after the passing of the Shri Jagannath Temple Act, opposite party No. 2 ha