Dear Sirs
1) It is still not clear whether some of the Labour Laws like Maharashtra Minimum HRA Act & Bombay Labour Welfare Act are applicable to Educational Institutional because under both these acts educational institutional do not come under the definition of "establishment".
2) Also are there any other laws which are not applicable to Educational Institutions
3) There appears to be a lot of priveldge in terms of safeguard from Labour Laws to educational institution. Why this bias?
From India, Aurangabad
141) It is still not clear whether some of the Labour Laws like Maharashtra Minimum HRA Act & Bombay Labour Welfare Act are applicable to Educational Institutional because under both these acts educational institutional do not come under the definition of "establishment".
2) Also are there any other laws which are not applicable to Educational Institutions
3) There appears to be a lot of priveldge in terms of safeguard from Labour Laws to educational institution. Why this bias?
From India, Aurangabad
Dear Sirs
1) It is still not clear whether some of the Labour Laws like Maharashtra Minimum HRA Act & Bombay Labour Welfare Act are applicable to Educational Institutional because under both these acts educational institutional do not come under the definition of "establishment".
2) Also are there any other laws which are not applicable to Educational Institutions
3) There appears to be a lot of priveldge in terms of safeguard from Labour Laws to educational institution. Why this bias?
From India, Aurangabad
1) It is still not clear whether some of the Labour Laws like Maharashtra Minimum HRA Act & Bombay Labour Welfare Act are applicable to Educational Institutional because under both these acts educational institutional do not come under the definition of "establishment".
2) Also are there any other laws which are not applicable to Educational Institutions
3) There appears to be a lot of priveldge in terms of safeguard from Labour Laws to educational institution. Why this bias?
From India, Aurangabad
Dear Sunnydays,
Today only I came across your query. It was long back categorically decided by the Apex Court that education is an industry though teachers employed therein are not "workman" under the Industrial Disputes Act,1947. If any educational institution satisfies the condition of the minimum numerical strength of the employees, the Act becomes applicable to all the employees including teachers if their wages/salary are up to the limit prescribed under the Act. Subsequently the Payment of Gratuity Act,1972 became applicable to teachers in educational institutions also by the Amending Act of 2009. Regarding the service conditions of teachers of private educational institutions, I think many States like TamilNadu, Maharashtra have their own enactments relating to the service conditions of private schools' employees.
Application of any law is determined by the objective or the mischief required by it to be remedied. Therefore, one can not hastily conclude that a particular institution is privileged because of the non-application of certain laws.
From India, Salem
Today only I came across your query. It was long back categorically decided by the Apex Court that education is an industry though teachers employed therein are not "workman" under the Industrial Disputes Act,1947. If any educational institution satisfies the condition of the minimum numerical strength of the employees, the Act becomes applicable to all the employees including teachers if their wages/salary are up to the limit prescribed under the Act. Subsequently the Payment of Gratuity Act,1972 became applicable to teachers in educational institutions also by the Amending Act of 2009. Regarding the service conditions of teachers of private educational institutions, I think many States like TamilNadu, Maharashtra have their own enactments relating to the service conditions of private schools' employees.
Application of any law is determined by the objective or the mischief required by it to be remedied. Therefore, one can not hastily conclude that a particular institution is privileged because of the non-application of certain laws.
From India, Salem
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Applicability of Labour laws-Various issues Statement.docx
Labour laws.ppt