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2001 Supreme(Jhk) 71

M.Y.EQBAL
Chacha Nehru Vidyapith – Appellant
Versus
Authority Under Minimum Wages Act, 1948-Cum-Assistant Labour Commissioner – Respondent


ORDER

M.Y. Eqbal, J.

1. In this writ application the petitioner seeks declaration that employment in the petitioner-school, namely, Chacha Nehru Vidyapith, is not schedule- employment and it is not covered by any employment specified in a schedule of Minimum Wages Act, 1948 and further for quashing the orders passed by respondents whereby it is held that the petitioner school is liable to pay Minimum Wages to its employees mentioned therein.

2. The facts of the case lie in a narrow campus.

3. Petitioner is a school imparting education upto Class VI standard. The employees of the petitioner school are teachers as well as clerk and ad- ministerial staff. In 1994, respondent No. 3, Labour Superintendent-cum- Inspector under Minimum Wages Act, filed an application against the Secretary of the School for and on behalf of the teachers and non-teaching employees of the school for awarding compensation equal to the wages alleged to have been paid less than the minimum wages. Petitioner resisted the claim on the ground in ter alia that the petitioner- school is not covered by the notification inasmuch as it is not a schedule employment. Respondent No. 1 Assistant Labour Commissioner rejected th




































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