Case Note & Summary
Two writ petitions were filed by non-teaching staff of a private school challenging Labour Court awards that dismissed their references under the Industrial Disputes Act, 1947 as not maintainable. The petitioners had been orally terminated from service as labourers after 4 and 2 years respectively. After conciliation failed, the Labour Court adjudicated both references but dismissed them relying on Adarsh Shikshan Sanstha v. Jaiprakash Ramvilas Lohia, holding that the remedy under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 was available and thus the Labour Court had no jurisdiction. In the writ petitions, the High Court examined the scope of the Full Bench decision in St. Ulai High School v. Devendraprasad Jagannath Singh, which held that civil court jurisdiction is impliedly barred for matters under Section 9(1)(a) and (b) and Rule 12 of the MEPS Rules, making the School Tribunal the exclusive forum. However, the Full Bench had expressly left open the question of remedy under industrial legislation for non-teaching staff, and no subsequent Full Bench had decided that issue. The Court also noted that the Supreme Court in A. Sundarambal v. Government of Goa held a teacher is not a workman under the Industrial Disputes Act, distinguishing teaching from non-teaching staff. The judgment remains incomplete as the final decision is not provided in the text.
Headnote
A) Civil Procedure - Jurisdiction - Exclusion of Civil Court - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, Sections 9(1)(a), 9(1)(b); Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, Rule 12 - The Full Bench in St. Ulai High School held that civil court jurisdiction is impliedly barred for causes of action falling under Section 9(1)(a) and (b) and Rule 12 of the MEPS Rules, and the School Tribunal is the exclusive remedy for such matters. The decisions in Janata Janardan Shikshan Sanstha and Rasta Peth Education Society holding that an employee has a choice of forums were overruled. (Paras 8-9) B) Labour Law - Industrial Disputes Act Remedy - Non-teaching Staff of Private School - Industrial Disputes Act, 1947 - The Full Bench in St. Ulai High School expressly left open the question of whether the remedy under industrial legislation would be available to non-teaching staff, as that question was to be addressed in a separate reference. However, no such reference is pending and no Full Bench decision exists on this issue. (Paras 10-11) C) Labour Law - Definition of Workman - Teacher - Industrial Disputes Act, 1947, Section 2(s) - The Supreme Court in A. Sundarambal v. Government of Goa held that though a school is an industry, a teacher imparting primary, secondary, graduate or post-graduate education cannot be called a workman under Section 2(s). The judgment is cited in the context of distinguishing teaching and non-teaching staff. (Para 13)
Issue of Consideration
Whether the remedy under the Industrial Disputes Act, 1947 is available to non-teaching staff of a private school when the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 provides an appeal mechanism under Section 9.
Law Points
- Civil Court jurisdiction is impliedly barred for matters under Section 9(1)(a) and (b) and Rule 12 of MEPS Rules
- exclusive remedy before School Tribunal
- question of industrial legislation remedy for non-teaching staff left open by Full Bench
- no subsequent Full Bench decision on industrial remedy
- teacher not a workman under Industrial Disputes Act as per Sundarambal
