- (1.) THE petitioner challenges the Part-I Award dated 10th March, 1995 passed by the 3rd Labour Court, Pune in Reference (IDA) No. 68 of 1989 declaring them as an "industry" within the meaning of section 2 (j) of the Industrial Disputes Act, 1947.
(2.) THE petitioner claims to be a charitable trust registered under the provisions of the Bombay Public Trusts Act, 1950. The trust maintains four temples in Pune which are historical monuments. According to the petitioner, it receives donations from well wishers but the trust gets no grant from the Government. The petitioner states that Nansaheb Peshwa established the private temple in the year 1749 adjacent to the main temple at Parvati. The lands adjacent to the temples were also donated by the family to the public. A memorandum of management was drawn up in the year 1941 to look after the management and administration of the temples. The trust was then registered by the Charity Commissioner under the Bombay Public Trusts Act, 1950 and a scheme was finalised in the year 1971. The objects of the trust were to maintain the idols, to perform pooja, to protect and maintain the temples and the property, to grant donations, to run school and libraries, to grant scholarships to the students, to provide facilities of drinking water to the pilgrims, etc. The initial objects of the trust were then modified by an application made by the trustees to the Charity Commissioner. The application was made as the income of the trust was increasing day by day and it was necessary to have additional objects for the trust. The objects added were to construct residential quarters for employees of the trust, to render pre-primary, secondary and higher secondary education facilities to students having priority to Sanskrit language, to construct residential quarters especially for low-income group families, etc. The trust also employs about 40 workmen in the category of Malis, Peons, Watchmen and Sweepers. The offerings made in the temple were auctioned. This can be inferred from the order of the Joint Charity Commissioner, Maharashtra, Mumbai dated 16th March, 1971 passed while settling a scheme for the trust. One of the members of the public had suggested that the practice of auctioning of offerings should be discontinued. There is nothing on record to show that this system has been discontinued. The trust also has vast properties and is maintaining the same. Abhisheks and poojas performed in the temples maintained by the trust are performed by the Pujaris on payment of certain amounts to them, part of which is retained by the trust.
(3.) THE respondent was employed with the petitioner as a Sweeper. Her services were terminated on 19th December, 1987 and, therefore, she raised an industrial dispute. Reference was made for adjudication. The Labour Court decided the question as to whether the petitioner was covered by the definition of the term "industry" as defined in section 2 (j) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act") as the relevant issue. By its Part-I Award dated 10th March 1985, the Labour Court held that the petitioner is an "industry" within the meaning of section 2 (j) of the Act.;