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1988 Supreme(SC) 452

N.D.OJHA, E.S.VENKATARAMIAH
A. Sundarambal – Appellant
Versus
Government Of Goa, Daman And Diu – Respondent


Advocates:
G.B.PAI, PARVIN KUMAR, V.N.GANPULE, VIVEK GAMBHIR, Y.S.Chitale

Judgment

VENKATARAMIAH, J.:- The short question which arises for consideration in this case is whether a teacher employed in a school falls within the definition of the expression workman as defined in S. 2(s) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act).

2. The appellant, Miss A. Sundarambal, was appointed as a teacher in a school conducted by the Society of Franciscan Sisters of Mary at Caranzalem, Goa. Her services were terminated by the Management by a letter dated 25th April, 1975. After she failed in her several efforts in getting the order of termination cancelled, she raised an industrial dispute before the Conciliation Officer under the Act. The conciliation proceedings failed and the Conciliation Officer reported accordingly to the Government of Goa, Daman and Diu by his letter dated 2nd May, 1982. On receipt of the report the Government considered the question whether it could refer the matter for adjudication under S. 10(l)(c) of the Act but on reaching the conclusion that the appellant was not a workman as defined in the Act which alone would have converted a dispute into an industrial dispute as defined in S. 2(k) of the Act, it declined to























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