LAWS(MAD)-2005-4-111

V JAYARAMAN Vs. CHAIRMAN SRIRAM EDUCATIONAL TRUST

Decided On April 13, 2005
V.JAYARAMAN Appellant
V/S
CHAIRMAN, SRIRAM EDUCATIONAL TRUST Respondents

JUDGEMENT

(1.) THIS writ appeal has been filed against the impugned judgment of the learned single Judge dated 18. 12. 2003. The grievance of the writ petitioner was that he was not paid salary from March 2002 to January 2003. He claims that he is working as an attender in the second respondent college.

(2.) THE Supreme Court in Bangalore Water Supply and Sewerage Board v. Rajappa, (1978)2 SCC 213 has held that education is an industry. In our opinion, the petitioner/appellant being an attender was a workman and hence he should avail of his alternative remedy under the Industrial Disputes Act either by raising an industrial dispute or under section 33c (2 ). It is made clear that whatever liberty given to the petitioner in the order dated 15. 9. 2003 in W. P. No. 41577 of 2002 can also be worked out before the Labour Court. The writ petition as well as the writ appeal are dismissed on the ground of alternative remedy. Consequently WAMP No. 1302/2005 is also dismissed.