Indian Kanoon - Search engine for Indian Law

"6. That the maintenance of peace and order in the temple and preparation of sweets are undertakings not connected essentially with the spiritual side of the temple. They are such undertakings as any ordinary man might undertake for profit".

"8. That after the passing of the Shri Jagannath Temple Act, opposite party No. 2 has taken over management of the temple since October, 1960 and it is the duty of opposite party No. 2 to ensure maintenance of order and discipline and proper hygenic condition in the temple and of proper standard of cleanliness and purity in the offerings made therein, which are purely temporal functions carried out by opposite party No. 2 through most of the petitioners."

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.

20. The position that the duties of the petitioners are directly connected with spiritual side of the temple is also established by the various provisions of the Sri Jagannath Temple Act 11 of 1955. Section 4(2) declares that any reference to the word "Temple" in the enactments mentioned in the Act may be construed as a reference also to the deity, if any, installed in such Temple. Section 5 provides to the effect that the administration and governance of the Temple and its endowments shall vest in a Committee called Shri Jagannath Temple Managing Committee and that it shall be a body corporate. Section 6(1) provides that the constitution of the committee will include, among others, three persons to be nominated by the State Government from among the sevaks of the temple recorded as such in the Record-of-rights .. .. .. Members. Section 15 laying down the duties of the Committee is this:

22. It is thus abundantly clear that Shri Jagannath Temple is not an institution where material human needs are being met. It is primarily a spiritual institution. The Ballav that is prepared is offered to the deity as Bhog. It is therefore sold as Prasad. It is not that the Temple serves the purpose of a hotel for catering foodstuffs. The maintenance of order and discipline and proper hygienic conditions in the temple and of proper standard of cleanliness and purity in the offerings made therein, as required under Section 15(4) of the Shri Jagannath Temple Act 11 of 1955 quoted above, is for preserving spiritual atmosphere of the temple and for providing facilities to the pilgrims to have peaceful Darshan of the Deity. The primary object is spiritual. The petitioners are to maintain peace and tranquillity inside the temple. The duty of maintaining order and discipline inside the temple is different from the duty of the policeman to keep law and order outside on the public road. The duty of the petitioners inside the Temple is akin to that of teachers to maintain order and discipline inside a class room in an educational institution.