Court No. - 6 Case :- WRIT - C No. - 2961 of 2009 Petitioner :- The Children Emancipation Society Respondent :- State Of U.P. And Others Petitioner Counsel :- Sunil Tripathi,Amitabh Trivedi Respondent Counsel :- C.S.C.,Ankit Saran Hon'ble Prakash Krishna,J.
The learned counsel for the petitioner submits that in view of the judgment of
the Apex Court in the case of Miss.A.Sundarambal versus Government of
Goa Daman & Diu 1989 LIC 1317 S.C and Haryana Unrecognized
Schools Assn.versus State of Haryana 1996 (73) FLR 1086 S.C, the
impugned award holding that the teacher is a ‘workman’ is incorrect.
The learned counsel for the contesting respondent on the other hand submits
that these decisions are distinguishable on facts and are not applicable to the
facts of the case on hand. He submits that this is not a case of an educational
institution but is a case of vocational training.
Admittedly, the contesting respondent was employed as an Assistant Teacher
to impart the knowledge of tailoring.
The learned counsel for the petitioner further submits that certain documents
which were furnished by the contesting respondents at the time of joining of
the service were turned out to be false and fabricated one.
The learned counsel for the parties wants to examine the matter in depth.
As prayed by them, list in the next cause list.
Order Date :- 5.7.2010
IB