Thottathil B. Radhakrishnan, J.

The Manager of a private school filed the captioned writ petition challenging a common order under Section 4 of the Kerala Payment of Subsistence Allowance Act, 1972, for short, "the Act", issued in favour of the private respondents who are teachers of that school, hereinafter, "teachers". The learned single judge refused to grant interim relief as sought for by the writ petitioner. Hence the Manager's captioned writ appeal. Having regard to the question of law involved in this case, the Bench acceded to the request of both sides that the writ petition be withdrawn to be heard by the Division Bench, along with the writ appeal. Today, we have heard the learned counsel for the Manager and the teachers.

2. The short issue for decision is as to whether a private school which is not aided by the Government, is an 'establishment' as defined under Section 2(c) of the Act and whether a teacher of such a school is an 'employee' as defined in Section 2(a) of that Act.

3. The learned counsel for the Manager argued, firstly, that a school does not fall within the term 'establishment' and a teacher of a school does not fall within the definition of the ter