Augustine George Masih, J.

1. The petitioner, through this writ petition has challenged the Award dated 2.1.2009 (Annexure P-8) passed by the Labour Court, Amritsar, vide which the reference has been answered against him holding therein that he is not a "workman" as defined under Section 2(s) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) and also that the respondent-Radha Soami Satsang Beas Dera Baba Jaimal Singh, Beas Punjab (hereinafter referred to as Dera Beas) is not an "industry" and, thus, entitled to no benefit under the Act.

2. Briefly, the facts of the case are that the petitioner was employed as a Researcher with effect from 1.4.1996 in Research and Mechanical Workshop and was drawing Rs. 2900/- per month as Parshadi. He was also provided with a residential house as well as free langar. It was alleged that vide order 7.10.2001, he was relieved from service with effect from 8.10.2001. The order relieving him from service led to the submission of a demand notice which was referred to the Labour Court for adjudication. It was alleged that the said order was illegal, unlawful, void and tainted with victimization as services of the petitioner-workman were terminated without holding any enquiry or payment of retrenchment compensation or notice pay as also retention of juniors in service.

3. The Management contested the claim of the petitioner raising a preliminary objection that the reference was not maintainable as Dera Beas cannot be termed as an "industry" as defined under the Act. In any case, he was appointed as a Researcher and had many Sewadars working under him and, thus, was supervising their work. Dera Beas is a purely spiritual institution, its principle being spiritual and moral advancement of the people at large irrespective of the caste, creed or colour and the other ancillary activities are subservient to the principal object and needed just to achieve that aim. The permanent residents of the Dera had left their ancestral/original hearths and homes to settle down at the Dera only to receive Satgurus grace. Their services are invariably rendered free of charge. Apart from the permanent residents of the Dera, many devotees visit the Dera from places near and far at scheduled intervals in batches or otherwise, to benefit from the spiritual discourses which is one of the prime activities of the institution. To provide various facilities to the Sangat (Congregation) with missionary zeal, the permanent residents render their free services without any remuneration. There are very few sewadars, insignificant in comparison, who do not have adequate resources of their own maintenance who also come forward to serve the Satguru only for his grace and he besides granting them spiritual favour, helps them both materially as well as monetarily. The congregation is concerned with no trade or business. The goods and services available at Dera are meant for Satgurus spiritual family (i.e. disciples inhabitating the Dera or visitors from outside), followers, seekers, guests etc. There is no pecuniary consideration involved in the Guru or the Dera and there is no relationship of employer and employee but they are all crusaders. The activities of the Satsang are financed by public donations made by the devotees and in view of the Deras spiritual and charitable character, it has been granted exemption under Section 11 of the Income Tax Act. Since the object and activities of the Dera Beas are wholly spiritual, noncommercial and non-industrial, as such, it cannot be termed as an "industry". Thus, the reference was not maintainable as the respondent-Dera Beas was not an "industry".

4. On merits it was stated that as a matter of policy, it was decided to close down the tile store (maintenance workshop). The petitioner was given an option to perform other duties in other departments but he refused to do so despite the fact that he was assured that his Parshadi (honorarium) and other perks will rema