Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(MAD) 12473

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. DHANDAPANI, J.
Punitha Arokiya Annai Thiruthala Peralaya Uzhiyar Munnetra Sangam - Appellant
Versus
Shrine Basilica of Our Lady Health Velankanni - Respondent
W.P. Nos. 17860, 17861, 20239 of 2013, W.M.P. Nos. 17670, 17672 of 2023
Decided On : 04-03-2025
Advocate Appeared :
For the Appellants : A.L. Gandhimathi, L. Palanimuthu
For the Respondents : L. Palanimuthu, T.S. Gopalan

Advocates:
Advocate Appeared:
For the Appellant : Ms. AL. Gandhimathi, SC, for M/s. L.Palanimuthu in WP 20239/13 Mr. P.Raghunathan for M/s.T.S.Gopalan & Co, in WP 17860 & 17861/13
For the Respondent: M/s. L.Palanimuthu for RR-2 to 11, 13 to 38, 40 to 52 and 54 to 56 in WP 17860 & 17861/13 Mr. P.Raghunathan for M/s.T.S.Gopalan & Co, for R-1 in WP 20239/13 RR-12, 39, 53 & 57 - Died

The court established that activities of a religious institution can qualify as an 'industry' under the Industrial Disputes Act, affirming the employee status of workmen engaged in non-religious tasks.

Headnote:(A) Industrial Disputes Act, 1947 - Sections 2(j) and 2(s) - Applicability of the Act to religious institutions - The court ruled that the activities of the church, including maintenance of canteen and accommodation for pilgrims, constituted an industry under the Act, affirming the employee status of workmen - The definition of 'industry' encompasses organized activities for the production of goods and services, irrespective of profit motive - The court found that the lower court erred in dismissing the claim on the grounds of the church's religious nature and volunteer status of workmen. (Paras 26, 29, 30, 46, 70, 76)

Facts of the case:
The workmen, represented by a trade union, claimed rights under the Industrial Disputes Act against the church management, asserting that they were employees entitled to wage revisions and benefits. The management contended that the workmen were volunteers and not employees.

Findings of Court:
The court determined that the activities performed by the workmen were not purely religious in nature and established an employer-employee relationship, thus qualifying as an industrial establishment.

Issues: The primary issues were whether the church's activities constituted an 'industry' under the Act and whether the workmen were employees entitled to benefits.

Ratio Decidendi: The court emphasized that the definition of 'industry' includes various organized activities, and the nature of work performed by the employees, even in a religious context, can still be classified as industrial.

Result: The writ petitions were allowed, and the matter was remanded for adjudication of the industrial dispute raised by the workmen.

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 Management filed W.P.No.13034/2009 challenging G.O. Ms. (D) No.149 dated 19.2.1999 alleging that the shrine is not an industry and that the employees are not workmen within the meaning of Section 2 (s) of the Industrial Disputes Act (for short ‘the Act’) and the said writ petition was dismissed on 12.1.2009 against which writ appeal in W.A. No.1733/2009 was filed and by order dated 28.9.2010, the said writ appeal was also dismissed.

8. Thereafter, the Labour Court, Cuddalore tried the dispute where all the documents were produced and evidence was let in to show that the Management is an industry and all the employees are workmen, however, without properly

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2025 Supreme(Online)(MAD) 12473

The court established that activities of a religious institution can qualify as an 'industry' under the Industrial Disputes Act, affirming the employee status of workmen engaged in non-religious tasks.

Cases Referred (9)