The judgment establishes that education is considered an industry under the U.P. Industrial Disputes Act, 1947, and certain employees are classified as workmen, emphasizing the importance of a fair domestic enquiry and burden of proof on the employer.

( 1 ) THE petitioner has challenged the impugned award dated 19. 2. 2000 published on 2. 2. 2001 passed by Labour Court Agra holding that the termination of the workman- Vinod Kumarrespondent no. 2 is illegal.

( 2 ) BRIEFLY stated, the facts of the case are that the petitioner-institution is recognized private school which receives grant-in- aid from the State Government. It imparts education to children upto Intermediate classes. Respondent No. 2 was appointed on 14. 11. 1985 as temporary safai karmachari in the institution.

( 3 ) IT is submitted that respondent No. 2 did not perform his work regularly and properly and did not improve his conduct as such a show cause notice dated 14. 11. 1986 was issued to him to show as to why he be not suspended for dereliction of duty. No reply was given by respondent no. 2 to the show cause notice and he also did not improve his work and conduct. He was thereafter placed under suspension vide order dated 4. 3. 1987 vide annexure 4 to the writ petition. It is further submitted that disciplinary proceedings were initiated and respondent No. 2 admitted his guilt vide letters dated 6. 3. 87 and 10. 3. 87 appended as Annexures 5 and 6 to the writ petition. A preliminary enquiry report was submitted that a prima facie case was made out against him. consequently charge sheet was sent to the respondent No. 2 through registered post on 11. 6. 87 which was also not replied, hence his services were accordingly terminated on 13. 7. 1987. An appeal was preferred by him to the District Inspector of Schools against the order of termination which was dismissed on the ground that the appeal lies to the Manager and not directly to the district Inspector of Schools. The Workman then raised an industrial dispute which was referred to Labour Court Agra in the following terms :. . (VERNACULAR MATTER OMMITED ). .

( 4 ) BEFORE the Labour court, the employer-institution filed written statement as well as filed 17 documents. The case of the petitioner before the Labour Court that after termination of the services of respondent No. 2, the post has been filled up by appointing one Dhaniram whose appointment has also been approved by District Inspector of Schools vide letter dated 1. 7. 1988 but Dhaniram has not been impleaded by respondent No. 2 as necessary party. The Acting principal as well as the erstwhile Principal who has since retired were also examined in evidence by the employer in support of its case.

( 5 ) THE Labour Court by the impugned award has held that the domestic enquiry was concluded without opportunity to the workman to give evidence in support his case, as such, the enquiry was not properly conducted by the employer and was vitiated. It further held that the charges against the workman by the employer are not proved and from the evidence of the workman it is conclusively proved that his services had been terminated by the Principal due to bias and pre judice. The Labour court beleived the evidence of the workman to be reliable and also held that the termination of the services of the workman w. e. f. 13. 7. 87 was illegal and bad and directed reinstatement of the workman with full back wages and consequential benefits w. e. f. 13. 7. 87.

( 6 ) AGGRIEVED by the findings given by the Labour Court, the petitioner has challenged the validity and correctness of the award in this petition.

( 7 ) THE Counsel for the petitioner contended that respondent No. 2 is not employed in an industry and was, therefore, not a workman. In support of his contention, he relief upon the decision of the apex court in the University of Delhi and Anr. v. Ram Nath and Ors.- A. I. R. 1963 SC-1873, wherein it has been held that:" education seeks to build up the personality of the pupil by assisting his physical, intellectual, moral and emotional development. To speak of this educational process in terms of industry sounds so completely incongruous that one is not surprised that the Act has deliberately so