KANTA DEVI Vs. SARVODAYA KANYA VIDYALAYA

JUDGEMENT

(1.) Vide the present writ petition, the petitioner has challenged the award dated 18th March, 2014 whereby the learned Labour court has held that the petitioner was not entitled to any relief since there was no relationship of an employer and an employee between the petitioner and the respondent nos. 1 and 2 and that she was engaged by PTA (parent-teacher association) and was also paid her salary /honorarium from the PTA fund and that PTA was not an 'industry' within the meaning of Section 2(J) of the Industrial Disputes Act.

(2.) Aggrieved by the said findings of the learned Labour Court, the petitioner vide the present writ petition has challenged the impugned award on the grounds that the learned labour court was wrong in overlooking the fact that number of similarly placed workmen junior to her were regularized. She was paid a meagre salary/wages of Rs.500 per month which shows that she was not even paid as per the minimum wages.

(3.) It is further submitted that learned Labour Court ought to have passed an award in her favour holding that she was the employee of respondent no.1. It is further submitted that Labour court had failed to appreciate that respondent no.2 being part of Government and having control over the working and functioning of respondent no.1 being a school run under the provisions of Delhi School Education Act illegally acted in allowing respondent no.1 to hire the petitioner and being paid wages from the funds of PTA (Parents Teachers Association).