Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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PBS KUMAR (HR - PROFESSIONAL)     14 January 2010

IS TEMPLE PRIEST IN THE FACTORY PREMISES IS A AN EMPLOYEES ?

Dear Friends,

We are engaging a Temple Priest in our  Temple located in our Factory premises. Is the Temple Priest is comes under the role of employment as our regular factory employees ? If we put him what are the regulations. Is there any dispute arrising els where? If such, please give me the full details.

Regards,

PBS KUMAR



Learning

 11 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     14 January 2010

 IF HE IS IN ROLL OF ATTENDENCE  AS PER ACT, HE IS ALSO  EMPLOYEE.

R.R. KRISHNAA (Legal Manager)     14 January 2010

Temple priest cannot become a worker/employee.  It is only his services are engaged for certain purposes and he does not come under the purview of the workmen/employee.  He will more or less deemed to be independent contractor.

AEJAZ AHMED (Legal Consultant/Lawyer)     14 January 2010

Dear Kumar,

Different High Courts has observed in the similar matters as:

"It is clear that a pujari in a temple does not do any manual, unskilled, skilled, technical, operational, clerical or supervisory work,"

The courts further noted that "Puja (worship) by a pujari is an application of his knowledge of religious hymns, bhajans and aartis, which he has to recite in the temple. This work can not be considered by any stretch of imagination a work specified in the ID Act."

Hence ruled that:

 "a priest (pujari) in a temple can't be treated as a workman under the Industrial Disputes (ID) Act"

Kindly go through the following Judgments:

A. Kesava Bhatt vs Sree Ram Ambalam Trust And Anr. on 23 September, 1988

 
 

 
Shri Sai Bhakta Samaj (Regd.) vs Shri Durga Prasad And Ors. on 11 September, 2006

 
 

 
(Radhakrishna Bhakta vs Subramanya Shastri And Anr. on 11 August, 2005)

 

3 Like

(Guest)
Aejaz Ahmed ji has given good suggestion.

Sunita Lad (Advocate and Consultant)     14 January 2010

Pujari in a temple is not a workman.In this regard you may refer to the judgement reported in FLR (111) 2006 pg 814. But if you have taken him on rolls and paying his salary is paid by the company  as of other workmen, then he would be your employee. 

Ajith (Head (HRD))     16 January 2010

Pujari or temple priest is not coming under the purview of  workmen  since their duties are different  - during morning 4 hours and evening 4 hours or more to serve the devotees.  Travancore and Cochin, Guruvayoor etc., Devswam Boards have made bye-laws for the their employees to keep their interests.  However Temple Priest is Temple Priest when he is in temple duties and while working in factory premises as a factory employee, he has the equal rights of other factory workmen, subject to the factory works.  Is he a priest in the Factory premises or IS he a workmen in the factory?


(Guest)

Hi,

No, he is not an employee.  Rather, he is like a person who is providing some service, such those supply water and other necessaries.

Cheers!

 

 

Sarjooram Sharma (Assistant Labour commissioner)     08 February 2010

yes

Anil Agrawal (Retired)     01 March 2010

Who is the employer of the Pujari?

V.T.Venkataram (Advocate and Consumer Activist)     11 August 2010

Hats off to Mr. Aejaz Ahmed for his message with citations !!

Sudhir Kumar, Advocate (Advocate)     20 November 2011

ID Act is not the onloy law governing workman.  There are paralell that employer can treat him at par wth the other employees. Armed Forces and Paramilitary forces employ Pandit/Maulvi/Grandthis/padri/monk who wear uniform and are part of force (not civilians) including frontier posting liability.


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