JUDGMENT :

Khalid, J.—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 and Another Vs. Ram Nath, AIR 1963 SC 1873 Though the later decision of the Supreme Court reported in Bangalore Water Supply and Sewerage Board Vs. A. Rajappa and Others, was brought to his 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 Vs. Manager, Kadalur Estate, (1982) 1 LLJ 23 held that the Industrial Tribunal was wrong in its finding that the decision in University of Delhi and Another Vs. Ram Nath, AIR 1963 SC 1873 was not wholly reversed by the decision in Bangalore Water Supply and Sewerage Board Vs. A. Rajappa and Others, (1978) 2 SCC 213 and observed that the question wheth