S.N.Srivastava, J. - (1.) The proceedings under the Minimum Wages Act, 1948 were initiated against the petitioner on the basis of the notice dated 8.8.1995 and 21.11.1995 (Annexures- 1 and 2 to the writ petition). The notice dated 8.8.1995 were also mentioned in the said notice. On the basis of this notice M.W. Case No. 237/95 (Sri R.P. Srivastava, Labour Enforcement Officer, Varanasi v. Shree Satya Naram Tulsi Manas Mandir) was registered before the respondent No. 1 under the Minimum Wages act and the respondent No. issued notice to the petitioner fixing 28.11.1995 and directing the petitioner to appear along with all documents and witnesses in support of his case. Notice (Annexure 1) to the writ petition makes it clear that all 29 workers in Shree Satya Narain Tulsi Manas Mandir Durga Kund Varanasi are getting fixed amount of Rs. 450/- to 650/per month except persons mentioned at Serial Nos. 17 and 18, who are being paid a fixed amount of Rs. 1050/- per month.
(2.) After receiving the notice the petitioner filed objection/written statement (Annexure-4 to the petition) raising the question of jurisdiction and the applicability of the provisions for the Minimum Wages Act.
(3.) In the written statement filed by the petitioner, it is stated that Shree Satya Naram Tulsi Manas Mandir is a temple of Sanatam Dharm Sect and is a holy place where devotees come for darshan and pujan for their Adhyatmik Santushthi by Murti Puja. No Prasad is sold in the temple and it is purely a religious shrine of Hindus and not a commercial establishment. It was further stated that the temple is neither an industry within the meaning of U.P. Industrial Disputes Act nor a shop or commercial establishment within the meaning of U.P. Shop and Commercial Establishment Act and it is a religious and spiritual place which has no room for any sort of business, trade or manufacturing. Various other fats were also brought through this objection/written statement.;