UMA CHOPRA Vs. R N JINDAL

JUDGEMENT

(1.) The short question for decision in this petition is whether a teacher is a workman or not within the meaning of Section 2(s) of the Industrial Disputes Act, 1947 ("for short 'the Act').

(2.) The petitioner was appointed as a Trained Graduate Teacher (Deaf & Dumb) on ad hoc and emergent basis in Government Lady Noyce School for Deaf and Dumb by an order issued by the Directorate of Social Welfare, Delhi Administration, Delhi, dated 17th August 1977. This School is under the control and management of the aforesaid Directorate. By an order dated 26th July, 1978 the services of the petitioner were terminated. The petitioner raised an industrial dispute and the Delhi Administration by an order dated 18th July, 1979 referred the dispute between the management and the petitioner for adjudication by the Labour Court. The terms of reference are as under:

(3.) The Labour Court by the impugned award dated 21st February, 1983 answered the reference against the petitioner. The Labour Court has held the management to be an industry under the provisions of the Act. However, the petitioner was held not to be a workman. The Labour Court has held that the work done by the petitioner is not skilled or unskilled manual, clerical or supervisory. It is further held that the work of the petitioner in teaching the deaf and dumb children is neither scientific nor technical in nature. Reference was also made by the Labour Court to the judgment of the Supreme Court in the case of University of Delhi and another v. Ram Nath and others ( AIR 1963 SC 1873). It was held that the said judgment is still a good law for the proposition that the teachers are not workmen.