S.K.DHAON,J. - (1.) This petition, at the instance of Radhasoami Satsang Sabha, Dayalbagh, Agra (hereinafter referred to as the Sabha) stems from a reference made by the State Government under Section 4 -K of the U.P. Industrial Disputes Act, 1947 (hereinafter referred to as the Act). This reference was made to the Labour Court, Agra (hereinafter referred to as the Court) and was registered as Adjudication Case No. 59 of 1978. The Court disposed of certain preliminary issues and its decision on those issues is being impugned.
(2.) THE controversy in this Court is confined to the question whether the agriculture farm known as M/s. Radhasoami Satsang Sabha Krishi Farm (hereinafter referred to as the farm) owned and run by the Sabha is an 'industry' within the meaning of the Act. The material averments made in the written statements filed by and on behalf of the Sabha before the Court are these. The farm is not an activity organised on the basis of employer -employee relationship.The Sabha may be the ostensible employer yet the moving force behind the activity is the supreme head of the Radhasoami faith, i.e. Sant Sat Guru. The 'employee' concept is totally absent in the relationship between Sant Sat Guru and his disciples who work on the farm in the spirit of dedication emitted by spiritual motive force behind the activity and dedicate their services at the feet of the Supreme being. The disciples of Sant Sat Guru serve in the farm as Sewadharis. The disciples, numbering 359, adhere strictly to the Radhasoami faith. They have helped in converting 1200 acres of Banjar land into a green belt without receiving any remuneration or reward except in the shape of blessings of Sant Sat Guru, being coronation of 'Radhasoami Dayal'. The Sewadharis are not 'workmen' within the meaning of the Act. No relationship of Master and servant or employer and employee exists or is postulated between the Sabha and the Sewadharis. They do not work under the superintendence of any employer. There is no disciplinary restraint over them. They are not governed by any service rules or regulations. Out of 415 persons working at the farm only 50 -55 are occasionally employed as a temporary arrangement on hire for a specified period.
(3.) THE 28 labourers (hereinafter referred to as the workmen) whose case was espoused by Rashtriya Mazdoor Congress and Sajag Khetihar Mazdoor Union, in their written statement plead: In the farm cereals and non -cereals are produced. These are marketable and are sold at profitable prices not only for the residents of Dayal Bagh, the workers of the farm, but also to the community at large in the open market at Agra. The relationship of employer -employee exists between the Sabha and the 28 workmen as they are paid wages for the services rendered by them. The religious activities which emanate from Sant Sat Guru have no connection with the industrial activity at the farm. Besides this activity, the Sabha indulges in other industrial activities viz. modern industries, tannery, textiles, Dayal Bagh Press, Shoe manufacturing industry and hosiery, etc. The 50 to 55 workmen referred to in the pleadings of the Sabha have been working at the farm permanently for a number of years and so far they are concerned they are 'workmen' and for them the farm is an industry.;