Whether an educational institute is an industry or not. Can a clerk of an inter college file a case in labour court? I was working as a clerk in Inter College. A false allegation was made against me while I was incharge of an internal examination. The management and the principal of that college without serving a show cause notice arbitrarily terminated me from the job. I filed an application under the right to information act for taking information about the departmental enquiry initiated against me before termination from the service. In that application no information is provided by the public information officer of the intermediate college. Then I filed an appeal which is still pending. Meanwhile I filed a case in the labour court against the order of termination of my service. When the notice was served upon the principal he filed an objection that the court is not competent to admit my case because the educational institute does not fall under the definition of industry. The labour court has fixed a date for hearing on the maintainability of the case. Whether an educational institute is an industry under the Industrial Dispute Act.
Asked from: Uttar Pradesh
Non-teaching staff of educational institutions are considered workmen and fall under the jurisdiction of the Industrial Dispute Act. There is no dispute regarding the authority of the labor court in matters pertaining to workmen. Consequently, the provisions of the Industrial Dispute Act can be invoked for the redressal of grievances of workmen, as the labor court has jurisdiction over such matters.
In the case of Principal, Amar Shaheed Inter College v. Presiding Officer, Labour Court, 2005 SCC OnLine All 215, the Allahabad High Court held that
Though teachers may not qualify as workmen, other categories of employees such as clerks, sweepers, peons, and chaukidars undoubtedly fall within the definition of “workman” as outlined under the Uttar Pradesh Industrial Disputes Act, 1947.
Therefore, the objection raised by the opposing party is without merit. Your case has been filed before the appropriate court, which possesses the jurisdiction to adjudicate the dispute between the parties.
Also read: Whether giving reason for punishment is mandatory?