High CourtsFull Bench

Hindu Inter College vs Prescribed Authority (Minimum Wages Act, 1948) and Others

Allahabad High Court · Decided on 14 October 2004 · Citation: (2005) 104 FLR 723 : (2005) 1 UPLBEC 166

HON’BLE JUDGES
M. Katju, Acting C.J. · Sunil Ambwani, J · K.N. Ojha, J
RESULT
Allowed
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Judgment

4 paragraphs · 157 words

M. Katju, A.C.J., Sunil Ambwani and K.N. Ojha, JJ.—Heard Sri P.K. Jain, learned Counsel for the petitioner and Sri K.P. Agarwal, learned Counsel for respondent No. 2.

2.

This reference to the Full Bench has been made in view of the order of the learned Single Judge dated 27.4.2001 in which the learned Single Judge has noted the conflict of opinion of two Division Bench decisions of this Court.

3.

The short question is whether a teacher in a private educational institution is governed by the Minimum Wages Act. This controversy is no longer res integra after the decision of the Supreme Court in Haryana Unrecognised Schools Association Vs. State of Haryana,

4.

Following the said decision we hold that the Minimum Wages Act does not apply to a teacher in a private educational institution. The petition is consequently allowed and the impugned orders dated 11.5.2000 and 30.5.2000 Annexures-7 and 9 to the writ petition are quashed.