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maria (associate)     24 June 2012

Termination

Is Church an Industry which employs 4 people to do various jobs such as cooking,sweeper,guards etc.i.e Domestice servants? Can we terminate these people without conducting a domestic enquiry? The concerned people have worked for 11 years?



 3 Replies

Kumar Doab (FIN)     24 June 2012

 

 

Public religious or charitable trusts or endowments (including maths, temples, gurdwaras, wakfs, churches, synagogues, agiaries or other places of public religious worship) or societies for religious or charitable purposes registered as such under the Societies Registration Act, 1860 (21 of 1860).

The church may have its service rules.Rules may be followed.

Valuable advice of learned experts/members is sought.

Kumar Doab (FIN)     24 June 2012

Public religious or charitable trusts or endowments (including maths, temples, gurdwaras, wakfs, churches, synagogues, agiaries or other places of public religious worship) or societies for religious or charitable purposes registered as such under the Societies Registration Act, 1860 (21 of 1860).

The church may have its service rules.Rules may be followed.

Valuable advice of learned experts/members is sought.


Attached File : 908568203 sbss.pdf downloaded: 169 times

Sudhir Kumar, Advocate (Advocate)     25 June 2012

Church is not industry as far as priests are concerned. They do not fall into the definition of workmak as per sectin 2(s) of ID Act 1947

52[(s) “Workman” means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person-

 

(i) Who is subject to the Air Force Act, 1950 (45of l950),or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or

 

(ii) Who is employed in the police service or as an officer or other employee of a prison; or

 

(iii) Who is employed mainly in a managerial or administrative capacity; or

 

(iv) Who, being employed in a supervisory capacity, draws wages exceeding 55[ten thousand rupees] per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.].

 

You are referring to those employees who are doing manial job like any other organisations and they are workmen. If their court increases 20 (incuding outsources) you are also liable to deduct PF.


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