TMI Blog1996 (4) TMI 485X X X X Extracts X X X X X X X X Extracts X X X X ..... l institution cannot be brought within the purview of the Act and the State Government in exercise of powers under the Act is not entitled to fix the minimum wage of such teachers. The impugned notifications dated 30th of April, 1983 so far as the teachers of the educational institution concerned are accordingly quashed. This appeal is allowed. Writ petition filed succeeds to the extent mentioned above. There will be no order as to costs. - - - - - Dated:- 12-4-1996 - G.B. Pattanaik and K. RAMASWAMY, JJ. JUDGMENT Leave granted. This appeal by special leave is directed against the Judgment of the Punjab and Haryana High Court in Civil Writ Petition No. 3599 of 1983 dismissing the writ petition filed by the appellants. The shor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ployers of the private educational institutions and Section 5 of the Act gives large powers to the appropriate Government. With regard to the allegation of the writ petitioners that the views of the representatives of the educational institutions were not taken into consideration, the High Court repelled the same relying upon the decision of this Court in Ministry of Labour Rehabilitation and another v. Tiffin's Barytes Asbestos Paints Ltd. and another (S.C.C. 1985 (3) 594), wherein this Court had observed that a notification fixing minimum wages, in a country where wages are already minimal should not be interfered with under Article 226 of the Constitution except on the most substantial grounds and the legislation is a social welf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e same should not be interfered with. It may be noted that the counsel appearing for the appellant in course of his argument has submitted that the association which filed the Writ petition and which is appellant before us consist of teachers and if teacher themselves do not urge to be brought within the purview of the Act there was no need for the Government to bring them within the purview of the Act. In view of rival submissions at the Bar the only question that crops up for consideration is whether the teachers of an educational institution can be brought within the purview of the Act and the appropriate Government can fix the minimum wage of such teachers by issuing notification under the Act? The Statements of Objects and Reason ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l, inadequate. Conditions of labour vary in different industries and from locality to locality and the expediency of fixing minimum wages, and the rates thereof depends largely upon diverse factors which in their very nature are variable and can properly be ascertained by the Government which is in charge of the administration of the State. It is to carry out effectively the purpose of this enactment that power has been given to the appropriate Government to decide with reference to local conditions, whether it is desirable that minimum wages should be fixed in regard to any scheduled trade or industry, in any locality, and if it be deemed expedient to do so. the rates at which the wages should be fixed in respect of that industry in the lo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yee by the appropriate Government, but does not include any member of the Armed Forces of the Union. Section 27 enables the State Government to add to either part of the Schedule any employment in respect of which it is of opinion that minimum rates of wages should be fixed under the Act. Section 27 reads thus: The appropriate Government after giving by notification in the Official Gazette not less than three months' notice of its intention so to do, may, by notification, add to either Part of the Schedule any employment in respect of which it is of opinion that minimal rates of stages should be fixed under this Act, and thereupon the Schedule shall in its application to the State be deemed to be amended accordingly. A combin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unction of teachers cannot be construed as skilled or unskilled manual work or clerical work. Imparting of education is an the nature of a mission or a noble vocation. A teacher educates children he moulds their character, builds up their personality and makes them fit become responsible citizens. Children grow under care of teachers. The clerical work, if any they may do, is only incidental to their principal of teaching. Applying the aforesaid dictum to the definition of employee under Section 2(i) of the Act it may be held that a teacher should not come within the said definition. In the aforesaid premises we are of the considered opinion that the teachers of an educational institution cannot be brought within the purview of the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X
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