All India Bar Examination (AIBE) 15-XV Previous Year Question Papers with Answers

Practice Mode:
2.

A Teacher is not workman within the purview of Industrial Disputes Act, held in the case of

A: The Workmen Vs Greaves Cotton &N Co. Ltd. & Ors
B: John Joseph Khokar Vs Bhadange B.S. & ors
C: A. Sundarambal Vs Government of Goa
D: Dinesh Sharma and Ors. Vs State of Bihar

The answer is: C

Explanation

The correct option is C: A. Sundarambal Vs Government of Goa.

This case was decided by the Supreme Court of India in 1988. The court held that teachers would not be considered workmen under the Industrial Disputes Act, 1947, because their work is not of a manual, unskilled, skilled, technical, operational, clerical or supervisory nature, as defined in Section 2(s) of the Act. The court also observed that teaching is a noble profession that requires intellectual and academic skills, and that teachers are not engaged in any industry, but in imparting education. Therefore, teachers are not entitled to the benefits and protections of the Industrial Disputes Act, such as forming unions, raising disputes, or claiming social security. This ruling has been followed by several subsequent judgments of the Supreme Court and various High Courts.