2006 Supreme(Del) 84

High Court Of Delhi
DAULAT RAM - Appellant
Versus
U.O.I - Respondent
Decided On : 01/16/2006

Employees of a school are considered workmen under the Industrial Disputes Act and have an alternative remedy of raising an industrial dispute.

Headnote:

Industrial Disputes Act - School Employees - The court held that the school employees were workmen under the Industrial Disputes Act and had an alternative remedy of raising an industrial dispute. The writ petition was dismissed on the ground of the alternative remedy available under the Industrial Disputes Act.

Fact of the Case:

The petitioners, who were daily wager class-IV employees in the school, had their services terminated. The court found that the school is considered an industry and the employees are workmen under the Industrial Disputes Act.

Finding of the Court:

The court dismissed the writ petition on the ground of the alternative remedy of raising an industrial dispute under the Industrial Disputes Act.

Issues: The issue was whether the writ petition was maintainable or if the employees had an alternative remedy under the Industrial Disputes Act.

Ratio Decidendi: The court held that the employees were workmen under the Industrial Disputes Act and had an alternative remedy of raising an industrial dispute, therefore the writ petition was liable to be dismissed.

Final Decision: The appeal was dismissed, and the court directed the appellants to raise an industrial dispute, which, if referred to the Labour Court/tribunal, should be decided expeditiously.