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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.

3. 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.

"For the benefit of the Followers of the Radhasoami Faith, to found, maintain, run and/or subsidize institutions for the advancement of education-religious, moral, mental, social, cultural, scientific, technical, industrial, commercial, agricultural, medical, legal and general and to found, maintain and run establishments, workshops, farms, etc., for giving practical training in industries, trades and vocations useful to mankind".

The relevant portion of paragraph 63 reads:

"63.- The Sabha may also maintain-

8. I have gone through the depositions of the aforementioned 4 witnesses more than once. On the basis of these depositions, it is open to the Sabha to contend that the facts, which emerge are these. The moving force of the activity of the Sabha is the Supreme soul of the Radhasoami faith, the Sant Sat Guru and the disciples of the Sant Sat Guru work at the farm in a spirit of dedication to the supreme being, the Sant Sat Guru of the Radhasoami faith. Satsangis and Sewadharis, men and women, have a firm belief that by rendering service at the farm in obedience of the directions and the command of the Sant Sat Guru they may attain salvation. About 359 disciples render service at the farm without any wages. They do so voluntarily. They have no inhibition of doing any kind of work in relation to the farm. The Sant Sat Guru also goes to the farm off and on and works with the Sewadharis and Satsangis there. The Satsangis and the Sewadharis have no fixed time or hour of working. They work at the farm at their own convenience and they render service at the farm not in the spirit in which an employee does so, but they are solely motivated by the fact that they are doing so for the purpose of attaining spiritual benefit. Apart from the Sewadharis and Satsangis, who work there regularly at the farm, thousands of Satsangis come to Dayalbagh at the time of Bhandaras and render service at the farm.