Dear Sirs,
1) It is still not clear whether some of the Labour Laws like Maharashtra Minimum HRA Act and Bombay Labour Welfare Act are applicable to Educational Institutions because under both these acts educational institutions 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 privilege in terms of safeguard from Labour Laws to educational institutions. Why this bias?
From India, Aurangabad
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141) It is still not clear whether some of the Labour Laws like Maharashtra Minimum HRA Act and Bombay Labour Welfare Act are applicable to Educational Institutions because under both these acts educational institutions 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 privilege in terms of safeguard from Labour Laws to educational institutions. Why this bias?
From India, Aurangabad
Acknowledge(0)Amend(0)
Dear Sirs,
1) It is still not clear whether some of the Labour Laws like Maharashtra Minimum HRA Act and Bombay Labour Welfare Act are applicable to Educational Institutions because under both these acts, educational institutions 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 privilege in terms of safeguards from Labour Laws to educational institutions. Why this bias?
From India, Aurangabad
Acknowledge(0)Amend(0)
1) It is still not clear whether some of the Labour Laws like Maharashtra Minimum HRA Act and Bombay Labour Welfare Act are applicable to Educational Institutions because under both these acts, educational institutions 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 privilege in terms of safeguards from Labour Laws to educational institutions. Why this bias?
From India, Aurangabad
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Dear Sunnydays,
Today, 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 "workmen" under the Industrial Disputes Act, 1947. If any educational institution satisfies the minimum numerical strength of employees, the Act becomes applicable to all 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 in private educational institutions, I think many states like Tamil Nadu and Maharashtra have their own enactments relating to the service conditions of employees in private schools.
The application of any law is determined by the objective or the mischief required by it to be remedied. Therefore, one cannot hastily conclude that a particular institution is privileged because of the non-application of certain laws.
From India, Salem
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Today, 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 "workmen" under the Industrial Disputes Act, 1947. If any educational institution satisfies the minimum numerical strength of employees, the Act becomes applicable to all 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 in private educational institutions, I think many states like Tamil Nadu and Maharashtra have their own enactments relating to the service conditions of employees in private schools.
The application of any law is determined by the objective or the mischief required by it to be remedied. Therefore, one cannot 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