In a significant ruling, Justice K Kannan of the Punjab and Haryana High Court has ruled that an evangelist (a person who seeks to convert others to Christian faith) is not a workman. The judgment assumes significance as it means that all those evangelists who approach the labour court against their respective diocese will no more be entitled to claiming benefits under the Industrial Disputes Act.

This implies that evangelists cannot approach labour courts with the plea that they are like other workmen employed in an industry. In his detailed judgment, Justice Kannan has referred to the remarks made by the House of Lords in this regard.

The House of Lords answered the question about the status of a Pastor, who was being paid wages. The House asked as to what the duty of a Pastor is and what are the activities meant to be.

The House of Lords held that “a Pastor is called and accepts the call. He does not devote his working life but his whole life to the Church and his religion. His duties are defined and his activities are dictated not by contract but by conscience. He is the servant of God”.

The judgment further highlights the remarks of the House of Lords: “If his manner of serving God is not acceptable to the Church, the services of the pastor can be brought to an end by the Church in accordance with the rules. The law will ensure that a pastor is not deprived of his salaried pastorate save in accordance with the provisions of the book of rules, but an Industrial Tribunal cannot determine whether a reasonable Church would severe the link between minister and congregation”.

... contd.