2 months ago
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The Supreme Court connected Wednesday (March 18, 2026) questioned whether activities specified arsenic work and merchantability of books and manufacture of nutrient associated with temples tin beryllium considered an industry.
The oral reflection came from Justice B.V. Nagarathna, who is portion of a nine-judge Bench headed by Chief Justice of India Surya Kant examining the ambit of the explanation of ‘industry’ and whether it would see charities and hospitals.
The question was posed to the Commissioner of Hindu Religious and Charitable Endowments successful Tamil Nadu. Senior advocator Jaideep Gupta, appearing for the Commissioner, referred to High Court decisions that temple spot activities specified arsenic manufacturing prasadam, moving hotels oregon operating transport were an “industry” nether the Industrial Disputes Act, 1947, and an “establishment” nether the Shops and Establishments Act.
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Justice Nagarathna said she had authored a single-judge Bench judgement successful the Karnataka High Court which had held that a temple was not an constitution nether the Karnataka Shops and Establishments Act.
“But a Full Bench of the Madras High Court had held a temple to beryllium an ‘industry’. The Orissa High Court had held the Jagannath temple to beryllium an ‘industry’,” Mr. Gupta responded to the judge.
The elder advocator said temple trusts make nutrient arsenic prasadam. “None of it is created for commercialized purposes. The Ramakrishna Mission sells books. But they would springiness it to you besides for free. Their intent is to propagate their spiritual practices. Prasadam is chiefly for spiritual purposes. We partake successful prasadam not to assuage hunger but to partake successful a spiritual exercise,” Mr. Gupta argued.
Mr. Gupta said the overbroad enlargement of the explanation of ‘industry’ successful the 1978 judgement authored by Justice V.R. Krishna Iyer successful Bangalore Water Supply and Sewerage Board v. A. Rajappa lawsuit required a paradigm shift. He said the seven-judge Bench judgment, which is nether notation by the nine-judge Bench, classified thing with an employee-employer narration creating products arsenic an industry.
The elder advocator argued that the explanation of manufacture has to beryllium understood successful the discourse of the 1947 Act, which covered the redressal mechanics disposable for workmen successful the lawsuit of an ‘industrial dispute’ which arose pursuing eventualities specified arsenic strike, layoffs and retrenchments, lockouts, unfair labour practices, etc.
“There is nary question of a onslaught oregon a lock-out successful the lawsuit of a temple. The provisions of the Act would go incongruous if we see them successful presumption of a temple,” Mr. Gupta submitted.
He said the redressal mechanics of an concern installation cannot beryllium grafted connected to a temple.
“It is simply a occupation looking for a solution. You person a problem. How bash you supply a quality solution mechanics for antithetic areas of quality activity? Solution successful 1 quality enactment provided by the 1947 ID Act cannot beryllium utilized to resoluteness problems successful each different spheres of activity,” helium said.
He submitted that the trial to analyse if a foundation oregon a spiritual enactment was commercialized oregon not would beryllium to spot if the surplus from that enactment was utilized for further philanthropy/devotional purposes oregon not.
“In Kerala, the income is generated chiefly from Guruvayoor, Sabrimala and the Padmanabhaswamy temples. There are thousands of temples which bash not make immoderate income. The surplus generated is utilised for the intent of moving the different temples,” Mr. Gupta illustrated.
Beginning the antagonistic successful favour of retaining the 1978 judgment, elder advocator Indira Jaising and advocator Paras Nath Singh submitted that bringing enterprises nether the explanation of manufacture supply workmen with a remedy to ventilate their grievances successful narration to just wages, wellness and safety, occupational safety, and information of employment, and situation unfair dismissals earlier a judicial authority.
“A antiauthoritarian nine governed by the regularisation of instrumentality is dutybound to supply a grievance redressal forum of a judicial quality to each its citizens, wherever their substantive rights tin beryllium ventilated,” Ms. Jaising submitted.
