Heard learned counsel for the petitioner and learned standing counsel for the respondents.
Petitioner is a Committee of a school/college. Through this writ petition prayer for quashing notification dated 31.1.1991 and/or directing the respondents not to enforce the said notification has been made. Through the said notification minimum wages has been fixed for certain types of schools/colleges including the petitioner school/college.
The same petitioner had earlier also filed writ petition being writ petition no.9153 of 1986 which was directed against order dated 31.3.1986 passed by Prescribed authority, Kanpur under Minimum Wages Act 1948, directing payment of minimum wages to teachers, Class III and Class IV employees of three schools run by the petitioner committee (in para-1 of this writ petition it has been stated that petitioner's society runs 8 schools/colleges). I allowed the said writ petition on 3.5.2011. In respect of teachers only in view of Supreme Court authority reported in AIR 1996 SC 2108 Haryana Unrecognised Schools Association v. State of Haryana wherein it was held that Minimum Wages Act does not apply to teachers and State Government in exercise of powers under Minimum Wages Act is not entitled to fix the minimum wages for teachers of educational institution. However, in the said judgment dated 3.5.2011 photostat copy of which has been placed on record I maintained the order of the Prescribed authority in respect of clerks, peons and rickshaw pullers etc. i.e. all other employees except teachers.
Accordingly, in view of the aforesaid authority of the Supreme Court this writ petition is allowed in part and it is directed that the notification dated 31.1.1991 (issued by Labour Department- III No. 4014/36-3-23 M.W./23 dated 31.1.1991) shall not be enforced in respect of teachers however, it shall rigorously and meticulously be enforced in respect of other employees like clerks, peons and rickshaw pullers etc. Order Date :- 30.11.2012 RS Court No. - 58 Civil Misc. Recall Application NO.239663 of 2009 IN Case :- WRIT - C No. - 14927 of 1991 Petitioner :- Sri Omer Vaish Vidyalaya Respondent :- State Petitioner Counsel :- Rakesh Tewari,Alok Dwivedi Respondent Counsel :- K.P. Agarwal Hon'ble Sibghat Ullah Khan,J.
Heard learned counsel for the parties. Cause shown is sufficient. Delay in filing restoration application is condoned. Restoration application is allowed. Order dated 4.5.2009 dismissing the writ petition in default is set aside. Writ petition is restored.
Order Date :- 30.11.2012 RS .
Case :- WRIT - C No. - 14927 of 1991 Petitioner :- Sri Omer Vaish Vidyalaya Respondent :- State Petitioner Counsel :- Rakesh Tewari,Alok Dwivedi Respondent Counsel :- K.P. Agarwal Hon'ble Sibghat Ullah Khan,J.
Restored.
For order, see order of date passed on the Recall Application No.239663 of 2009.
Order Date :- 30.11.2012 RS