University XYZ is a newly form State University in Jaipur, Rajasthan in 2007. University is providing variety of professional courses like MBA, MBBS, LLB, B.Tech., MCA, B.Ed. etc. The university is situated at the outski

CS Professional · Labour Laws & Practice · PYQS · June 2019
University XYZ is a newly form State University in Jaipur, Rajasthan in 2007. University is providing variety of professional courses like MBA, MBBS, LLB, B.Tech., MCA, B.Ed. etc. The university is situated at the outskirts of city Jaipur, around 20 km from main bus-stand north-east direction. University provides residential facilities to students as well as academic and non-academic staff. For day scholar, it provides the community transport facility from University to Central Park, Jaipur. The University has been ranked as the 7th upcoming University in higher education. Government of Rajasthan has invested around ₹500 crore for its development. University has around 200 teaching staff in various departments and 250 non-teaching staff including bus driver, library staff, administrative staff. Teachers have formed association named 'XUTA' (XYZ University Teachers Association) and non-academic staff has formed 'XUTU' (XYZ University Trade Union). Apart from specific complain, both groups have some general grounds of complain of the following nature : University has not implemented 7th pay commission salary structure. Working conditions are harsh and not as per UGC guidelines. University not providing pension scheme of any nature. Infrastructure conditions of building and buses are pathetic. As per the guidelines of XYZ University, seats in the University for Rajasthan domicile is 85% reserved and 15% of seat are reserved for students from outside state. Around 300 students stay in the hostel of University and 450 students are day scholars. Students have their Union named as 'SXUA' (Student of XYZ University Association). Students have certain regular complains to the University about poor infrastructure, poor conditions of buses/transport facility, lack of basic amenities, lock of good canteen and playing grounds. University has not responded to any complain of teaching staff, non-teaching staff and student's union positively. It has not deliberated on the issue at any forum showing their non-sensitiveness to the complaints. On 15 January 2015, while commuting from Jaipur to University in early hours, the University bus met with an accident. Driver of the bus along with 2 students suffered injury. Ramlal, the driver due to accident lost his left eye and broken left hand. Students with minor injuries are safe. Instead of making proper inquiry to the issue, the university administration issued a show cause notice of termination to Ramlal, saying that he was driving bus in inebirated conditions and therefore, he alone is responsible for the accident. Ramlal is not the member of the "XYZ University Staff Union" on the day of accident and notice. His reply to the notice of termination was not taken into consideration on this ground. Realizing the injustice to Ramlal, the XUSU, XUTA and SXUA joined together and gheraoed the administrative head of University for 2 hours on 30 January, 2015. After the intervention of enforcement agency the matter was sorted out on that day. However, these three groups continued with strike in the University. On the basis of above facts, please advise on the following issues : Whether the faculties of University are workman?

Answer & Explanation:

According to section 2(s) of the Industrial Disputes Act, 1947, "Workman", means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be expressed or implied and for the purposes of any proceeding under this Act in relation to an industrial dispute. It includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of dispute. In Bangalore Water Supply Case , it was held that educational institution is an industry in terms of Section 2(j) of the Industrial Disputes Act, 1947, though not all of its employees are workmen. It was held as under: "The premises relied on is that the bulk of the employees in the university is the teaching community. Teachers are not workmen and cannot raise disputes under the Act. In the case of E.S.I.C. Medical Officer's Association vs. E.S.I.C. & ANR., Indian Labour Journal, July 2014 the apex Court observed that a profession requires extensive training, study and mastery of the subject, whether it is teaching students, providing legal advice or treating patients or diagnosing diseases. Persons performing such functions cannot be seen as a workman within the meaning of Section 2(s) of the Industrial Disputes Act, 1947. In the case of Sunderambal vs. Government of Goa , the Supreme Court held that the teachers employed by the educational institution cannot be considered as workmen within the meaning of Section 2(s) of the Act, as imparting of education which is the main function of the teachers cannot be considered as skilled or unskilled manual work or supervisory work or technical work or clerical work. The Court in this case also said that manual work comprises of work involving physical exertion as distinct from mental and intellectual exertion. The teacher necessarily performs intellectual duties and the work is mental and intellectual as distinct from manual. Therefore, faculties of University XYZ do not fall in the definition of "Workman" under the Industrial Disputes Act, 1947.

Topics: Industrial Disputes Act, 1947

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