HARI VIDYA MANDIR Vs. STATE OF U P

JUDGEMENT

(1.) This is a writ petition filed by petitioner seeking a writ, order or direction in the nature of mandamus commanding the respondents not to enforce the notification dated December 1, 1984(Annexure- 2 to the writ petition). The notification relates to the enforcement of minimum wages to the teachers and staff of the Primary Schools issued in exercise of the powers under Clause (b) of Sub-section (1) and Clause (c) of Sub-section (2) of Section 3 read with Clause (1) of Sub-section (1) of Section 4 of the Minimum Wages Act, 1948 (Act No. 11 of 1948) read with Section 21 of the General Clauses Act, 1897 (Act No. 10 of 1897). It was issued after having invited objections from the affected parties and suggestions in respect of proposals published. The notification is to regularise wages of untrained teachers, trained teacher and Junior Basic Teacher etc. So it relates to the trained and untrained teachers' rates and wages from Rs. 325 to 515/- per month. In this notification the category of workers i.e. fourth class peon, cleaner and other unskilled workers, rickshaw chalak, etc. have also been mentioned. We are not concerned with them in this petition.

(2.) The petitioner is a primary school registered under the Societies Registration Act, 1960 and is running the school at Varanasi. It is a private school. The petitioner challenges the vires of notification on so many grounds. But worth mentioning the ground on which the challenge has been made is that the teachers cannot be treated as workers as contemplated unclear the Industrial Disputes Act or Minimum Wages Act and as such the notification is not applicable. It has also been challenged that the petitioner has no capacity to pay in case of implementation of notification and as such it has to be quashed.

(3.) The petitioner alleged that it is imparting disciplined education to the children. The petitioner school never got or availed Government money by way of financial Government aid. The petitioner seeks that the labour department be restrained not to enforce it.