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1996 Supreme(SC) 759

K.RAMASWAMY, G.B.PATTANAIK
Haryana Unrecognised Schoolsassociation – Appellant
Versus
State Of Haryana – Respondent


JUDGMENT

Pattanaik, J.-Leave granted.

2. This appeal by special leave is directed against the Judgment of the Punjab and Haryana High Court in Civil Writ Petition No. 3599 of 1983 dismissing the writ petition filed by the appellants.

3. The short question that arises for consideration is whether teachers of an educational institution can be held to be employee under Section 2(i) of the Minimum Wages Act (hereinafter referred to as the Act ) to enable the Government to fix their minimum wages? The Government of Haryana in exercise of power conferred under Section 27 of the Act added in Part I of the Schedule Item No. 40 describing "Employment in private coaching classes, schools including Nursery Schools and technical institutions", for the purpose of fixing minimum rate of wages for the employees therein. By Notification dated 30th of April, 1983 the State Government in exercise of power conferred under sub-section (2) of Section 5 of the Act fixed the minimum rate of wages in respect of the different categories of employees serving in such schools. Challenging these notifications the writ petitions were filed essentially on the ground that the teachers of educational institution c



















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