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1. The main point in this writ petition is whether the petitioners working under Shri Jagannath Temple Managing Committee as Daffadars, Barkandajes, Ballav Gudias (who prepare Ballav and Kora which are offered to the deities) form an 'industry' within the meaning of Industrial Disputes Act, 1947.

2. The dispute between the management of Shri Jagannath Temple, Puri, and the petitioners who claim to be workmen represented by Jagannath Temple Employees Union is over the arrears of salary which the management refused to pay the petitioners. The petitioners' Union raised the matter before the Assistant Labour Commissioner for conciliation which ultimately failed. Thereafter in due course the petitioners moved the State Government for referring the dispute for adjudication. The State Government by their Order dated April 14, 1964 decided that there is no case for reference of the dispute for adjudication since, according to the Government, the dispute between the management of Puri Jagannath Temple and its workmen does not come within the purview of the Industrial Disputes Act, 1947. It is this order which the petitioners challenge in this writ petition and pray for a decision on the State of Orissa to refer the dispute for adjudication under Section 10 of the Act.

5. The main grounds on which the petitioners rely in support of their claim as forming an industry are, as stated in paragraphs 3, 6, and 8 of the petition, these:

"3. That Shri Jagannath Temple, one of the prominent places of Hindu Pilgrims was being administered by the Rajas of Puri. The Sevaks of the temple who were a part and parcel of the temple were being treated separately from the servants who were merely administering to the material needs of the temple administration and the visiting pilgrims. This distinction was manifest in the hereditary rights given to the sevakas whereas the servants who were being paid salary or wages were being appointed by the temple administration. This distinction was recognised by the Jagannath Temple of Puri (Administration) Act, 1952 (Act XIV of 1952) which embodies the rights of the Sevakas in a record of rights prepared for the purpose."

14. From very early times the temples of the religious institutions in this country were under the special protection of the ruling authority. The former rulers of this country always asserted the right to visit these institutions to prevent and redress the abuses in their management. The superintending authority was thus exercised by the old rulers. The Puri Sri Jagannath Temple was from the ancient times under the immediate control and management of the Rajas of Khurda. It is said that even the slightest deviation from the prescribed duties was severely punished either by fine or corporal chastisement. Since the British conquest of Orissa in 1803 the administration and affairs of the temple have been throughout maintained in keeping with the traditions and religious sentiments of the Hindu public. There were Sevaks, Pratiharis and other employees all connected with the affairs of the temple. The nature of these employees of the Temple continues to remain substantially the same although some of the classes of the Sevaks have by the present day undergone a change from what they were at the time of the British Conquest.

They will supply 'Ballava' at the Jai Bijai Dwar (gate) during Ansara (i.e. during the dark fortnight of the month of Asadha when pilgrims cannot see the three Idols at Puri).
Accompanied by Pradhani, they will take Ballava from the temple (Sri Mandir) to the Gundicha house. They will also supply 'Ballava' at the Chariot."
It is clear that the nature of the work is connected with the spiritual side of the temple, namely Seva-Puja of the deity.

19. This record of rights and duties of various classes of Sevaks and other employees in the temple find statutory recognition in Shri Jagannath Temple Act, 1954 (Orissa Act 11 of 1955) which was enacted to provide for better administration and governance of Sri Jagannath Temple at Puri and its endowments as will appear from the preamble itself of the Act. Since the passing of the Act, Shri Jagannath Temple Managing Committee which was constituted by the State Government under the said Act took over management of the temple. The services of the petitioners (except Nos. 1 and 6) who were already in service of the Temple on the date of the commencement of the Act were retained as existing employees by virtue of Rule 12 of Shri Jagannath Temple Rules, 1960 made under the said Act.