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 students' union can raise an industrial dispute?

Answer & Explanation:

The pre-requisite of raising an industrial dispute is that the person must be a 'workman'. A person cannot be a workman unless he is employed by the employer in any industry. The relationship of employer and workman is usually supported by a contract of employment which may be expressed or implied. This is also a must for regarding an apprentice as a worker ( Achutan v. Babar, 1996-LLR-824 Ker. ). But such a question cannot be derived merely on the basis of apprenticeship contract ( R.D. Paswan v. L.C., 1999 LAB 1C Pat 1026 ). The employee agrees to work under the supervision and control of his employer. Here one must distinguish between contract for employment or service and contract of employment or service. In the former, the employer can require what is to be done but in the latter, he can not only order what is to be done, but also how it shall be done. In the case of contract for employment, the person will not be held as a 'workman' but only an 'independent contractor'. There should be due control and supervision by the employer for a master and servant relationship ( Dharangadhara Chemical Works Ltd. v. State of Saurashtra, AIR 1957 SC 264 ). Since there is no master and servant relationship between the students and the management of the University, hence the students' union cannot raise an industrial dispute.

Topics: Industrial Disputes Act, 1947

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic