AMITAVA LALA, J. - (1.) This writ petition is verbally made for the purpose of setting aside the award passed by the Learned Judge, 8th Industrial Tribunal, West Bengal dated 7th August, 2002. The order of reference is dated 24th May, 2002. Issues are as follows: (1) Whether the demand for increase in salary of workmen is justified ? (2) To what relief, if any, are the workmen entitled to ? Sri Nathji Bhandar of 27. Sri Hariram Goenka Street, Calcutta 700 007 represented by its' constituted Attorney, the petitioner no. 2 herein, is hereafter called as 'the management'. Leaving aside the State and the Tribunal, Sri Nathji Bhandar Employees' Union of 12A, Ramesh Dutta Street, Calcutta-700 005 appears to be the real contesting respondent hereinafter called as 'representative of the workmen'. The area of the dispute is as follows: (a) Sri Nathji Bhandar is not an industry under Section 2(j) of the Industrial Disputes Act. (b) The employees are not entitled to any relief because they are. not salaried persons: (c) There is no locus standi of the Union to represent the case of the employees before the Tribunal; According to the petitioner, all the aforesaid points were agitated before the Tribunal. The writ petition was heard on different dates. Although the petitioners banged upon the first point at the threshold but thereafter they put thrust upon the third point. In any event all the three points are important for the Court. Therefore, the discussions are made in respect of all the three points categorically.
(2.) Firstly, it is to be remembered that this is not an Court of Appeal arising out of final fact finding Court i.e. the Tribunal. Therefore, the interference of the Writ Court is restricted only to the question of perversity in passing of such award and/or on any apparent mistake. From the award I find ' that Sri Nathji Bhandar is a branch of an organization known as Nathdwara Temple Board, situated at Nathdwara, District Udaypur, Rajasthan. The organization consists of a number of temples, dharmasalas, charitable institutions, hospitals, gardens, jungles, mountains, gosalas, grounds and immovable and movable properties including gold and silver utensils, jewelleries all over India. The whole organization is covered and controlled in accordance with an Act called as Nathdwara Temple Act, 1959 and the Rules framed therein called as Nathdwara Temple Rules, 1973. The whole organization is managed by a Board of Trustees firm all over India having one permanent president (Tilkayat) and one Chief Executive Officer appointed by the Government of Rajasthan and/or in his absence the controller of Udaipur District. All the employees of the Temple, other than Chief Executive Officer and Sevawallas, are officers and servants. The officers and servants of the Board are classified in two categories i.e. (i) Salaried employees and (2) Non-salaried employees. Salaried employees are officers, assistants, clerks, guards, gowalas, durwans who are getting grades, salaries and leaves, P.F. and other benefits in accordance with grades, salaries and leaves, P.F. and other benefits of Government employees of Rajasthan and they are kept under Chief Executive Officer and are also responsible to the Board of Trustees. Non-salaried employees an Mukhias, Bhitariyas and Sevawallas who are not getting salary and depend on prasads and are under Tilkayat as declared by the second proviso to Section 21 of the said Act and they are also getting free residence, clothing, boarding, lodging and certain monetary remunerations keeping in view their status as decided by Tilkayat, the President of the Board. In Sri Nathji Bhandar, Calcutta all the employees are getting salaries and some other benefits of non-salaried employees as per usages and customs of the Board. They have never been declared as Sevawallas either by Goswami i.e. Tilkayat (President of the Board) or approved by the State Government of Rajasthan as second proviso to Section 21 of the Act. Therefore, in Sri Nathji Bhandar, Calcutta there is a third category of employees. However, they are responsible to the Chief Executive Officer as to the appointments, transfers, dismissals and payments etc.. It has done hereunder by his supervisory or by the representatives sitting in Calcutta. Hence the employees are salaried employees but they are not getting the entire benefits of salaried employees in a most arbitrary manner by way of violation of the principles of natural justice, equity and fair play. The monthly collection of Sri Nathji Bhandar is more than lakh of rupees which is being transferred illegally and motivatedly to Nathdwara without depositing in banks at Calcutta by violation of the aforesaid Act and Rules. At this stage, sums were transferred from Calcutta to Nathdwara without permission of State and in violation of Section 17 of the Act. The exemption of the income-tax is available as regards Nathdwara" Temple but not available to Sri Nathji Bhandar. On 10th October, 1990 a Memorandum of Settlement was arrived by or between the Management and the Union and as per such terms the Management increased salary of the employees to the extent of 30% with retrospective effect from 1st October, 1989. After expiry of the period under such Memorandum of Settlement, a fresh Charter of Demands was placed before the Management and the Labour Commissioner, Government of West Bengal in July, 1997 which contains fixation of salary and working hours including grades, dearness allowance, medicals, households, leaves, pensions, provident funds etc. The Assistant Labour Commissioner initially suggested to enhance salary by 35% besides framing scope of payment of the employees in the same line as enforced in Nathdwara and asked the Management to send competent representative for immediate settlement but the Management failed or neglected to respond. Finally oh 8th May, 1991 the Assistant Labour Commissioner suggested the Management to pay 40% enhancement of wages with effect from November, 1997 as full and final settlement of the Charter of Demands. The present Manager confessed and agreed before the Assistant Labour Commissioner to hold bipartite negetiation within the framework of the Act but refrained from doing so for the last three years. Due to negligence on the part of the Management conciliation failed. Thereby the Labour Department referred the dispute to the Tribunal for adjudication.
(3.) On the other hand, the Management contended that Sri Nathji Bhandar is an endowment of temple of Shree Shree Nathji at Nathdwara, The Temple Board is a statutory Board nominated by the State of Rajasthan as per Section 5 of the Act with an object to provide better administration and governance of the Temple. Section 16 read with Rule 19 and 20 provide powers and duties of the Board. All the offerings are being received for dally worship of the Deity, Gosala, being, part and parcel herein made for worshipping of Lord Krishna. Section 21 of the Act provides detailed list of Sevawallas which includes Mukhiya, Bhitariya, Rasoia, Balbhogiya, Samadhali. Doodhgharia, Jalghari Kirtaniya, Khsha Bhandari and Pakhavaji. Sevawallas are given token money instead of prasad. It is not admitted position that non-salaried staffs are given residential accommodation. The alleged agreement was signed by the person not empowered to do the same. The Temple Board has given 10% increment every year and the same are accepted by the Sevawallas. The persons who were directed to participate in the conciliation proceedings are not empowered to hold any bipartite negotiation. The Tribunal has no jurisdiction to entertain the case.;