Daulat Ram And Ors. vs Union Of India (Uoi) And Ors.
2006 Latest Caselaw 87 Del

JUDGMENT

Markandeya Katju, C.J.

1. This writ appeal has been filed against the impugned judgment of the learned Single Judge dated 24.11.2005.

2. We have heard the counsel for the appellant.

3. Admittedly, the petitioners were daily wager class-IV employees in the school and their services are stated to have been terminated on 30.10.2002. It has been held in The Bangalore Water Supply & Sewerage Board v. A.Rajappa and Ors. AIR 1978 SC 969 that a school is also an industry. Hence, in our opinion, the appellants are workmen under the Industrial Disputes Act and there is an alternative remedy of raising an industrial disputes. Hence, without going into the merits of the controversy, we are of the opinion that the writ petition was liable to be dismissed on the ground of alternative remedy of raising the Industrial Disputes under the Industrial Disputes Act. If and when the appellants raise such a dispute and it is referred to the Labour Court/Tribunal we hope and trust the same will be decided expeditiously.