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1982 Supreme(Ker) 31

V.KHALID
VENKITARAMAN – Appellant
Versus
LABOUR COURT, ERNAKULAM – Respondent


Judgment :-

1. The question whether a school teacher is a workman or not under the Industrial Disputes Act, for short the Act, presented itself before me in O. P. No. 3301 of 1979. In that case, the Industrial Tribunal held that a teacher was not a workman relying upon the Supreme Court decision in University of Delhi's case (1963-II LLJ 335). Though the later decision of the Supreme Court reported in Bangalore Water Supply case (1978-1 LLJ 349) was brought to bis notice, he distinguished it on the ground that the later case had not overruled the earlier case. The overruling, according to him, was only to the extent that University was not an industry and the finding that a teacher was not a workman was not disturbed. In the judgment rendered by me on 13th July, 1981, reported in Muthayyan v. Manager, Kadalur Estate (1981 KLT. 660) I held that the Industrial Tribunal was wrong in its finding that the decision in 1963-11 LLJ. 335 was not wholly reversed by the decision in 1978 (I) LLJ. 349, and observed that the question whether a teacher was a workman or not was still at large. Even so, I did not decide the question in that judgment for the reason that the petitioner's counsel in t























































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