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Abhay (ABC)     19 December 2009

Applicability of Labour Laws to University employees??

Dear All, Your views are sought on the point if labour laws are applicable to the University employees (teaching/non-teaching)?? For example, if a lecturer working for a college affiliated with a university has not been paid his salary would he be eligible to approach the labour authorities or would he JUST be governed by the University regulations. Are the labour laws specifically meant for industrial and commercial establishments and not for institutes like Universities??


Learning

 5 Replies

Kanaksinh P.Boda (Educationist/Lawyer)     20 December 2009

The terms and service conditions of teachers  and non teaching staff, in the Univesity  and Colleges are known as Statues under the Univestity Act. The diputes pertaining to these statute scome within the perview of the University College Tribunals, a quasi judicial body.,established under the said Act. However, the orders of theses Tribunal can be also chellenged in the High Court.

 There are instances where the matters pertaining to the non teaching staff have been entertained only regarding payment of wages by the Labour Court, but in no case for the teaching staff.-

 Mr.K.P.Boda, a Social Activist..

Abhay (ABC)     20 December 2009

Thank you for the information Sir.

Regards,

 

Abhay

Swami Sadashiva Brahmendra Sar (Nil)     22 December 2009

Labor laws are applicable to teaching institutions / universities. But, a Lecturer  is not covered under the definition of  "workman" under Industrial Disputes Act. Therefore he should file a writ petition before the High Court.

Abhay (ABC)     22 December 2009

Thank you for the information Sir. Regards, Abhay

Paresh G Barot (Advocate)     26 December 2009

Its depends on state law.  In the gujarat there is a Gujarat Universities Serviecs Tribunal Act applicable and as per the judgement of Gujarat High Court ID act applicable to University Employee but for the question of jurisdiction, Gujarat Universities Service Tribunal has power to adjudicate the questions between the university and the employee of the university.   


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