Shree Satya Narain Tulsi Manas Mandir vs Workman Compensation Commissioner and Another

Hon''ble Sabhajeet Yadav, J.—Heard learned counsel for the respective parties.

Learned counsel for the petitioner states in view of the decision rendered on 10.8.2011, by the Hon''ble Apex Court in Civil Appeal No. 5305 of 2007 -Shree Satya Narain Tulsi Manas Mandir Vs. Workmen Compensation Commissioner and others, this writ petition may be allowed which has been preferred for quashing the proceedings pending before the respondent no. 1, in Minimum Wage Case No. 237 of 1995, and further quashing the impugned order dated 4.2.1997 (annexure no. 7 to the writ petition).

I have perused the judgment and order dated 10.8.2011 passed by the Hon''ble Apex Court in Civil Appeal No. 5305 of 2007 - Shree Satya Narain Tulsi Manas Mandir Vs. Workmen Compensation Commissioner and others which reads as under:

The proceedings were initiated under the Minimum Wages Act, 1948, against the appellant which is a Hindu temple in Varanasi.

In our opinion, the Minimum Wages Act does not apply to the appellant as it is not covered by Section 3 of the Minimum Wages Act, 1948, read with the Schedule to the Act.

It may be mentioned here that the Minimum Wages Act does not apply to all industries which are covered by the Industrial Disputes Act, 1947. It applies only to certain ''sweated'' industries mentioned in the Schedule to the Act. A temple is not one of them. Hence, the application of the employees of the temple should have been rejected on this short ground. The High Court, however, has surprisingly directed the Central and State Governments to frame schemes for the employees of the temple on the line of the U.P. Muslim Wakf Act, 1960 or any other legislation. We are surprised to see such a direction, which, in our opinion, was wholly invalid.

Accordingly, we allow this appeal and set aside the impugned judgment of the High Court. No costs.

In view of the aforesaid observations of Hon''ble Apex Court in the above noted case, the impugned proceedings pending against petitioner before the respondent no.1, in Minimum Wage Case No. 237 of 1995, and order dated 4.2.1997 (annexure no. 7 to the writ petition), are hereby quashed and the writ petition is allowed in terms of the judgment and order dated 10.8.2011 of Hon. Apex Court.