Law: Punjab Industrial Relations Act, 2010

Section: 3(h)

Industrial and Commercial Employment (Standing Orders) Ordinance, 1968-- ----S. 2(1)-- Punjab Industrial Relations Act, (XIX of 2010)--Appointed as school teachers--Non-regularization of service--Defination of workman--Grievance petition accepted--Challenge to--It is settled law that where service of a worker/ workman are terminated he can have a recourse to labour Court provided he is workman as defined U/S 2(i) of Standing Orders, Ordinance 1968, according to Section 2(i) any person employed in any industrial or commercial establishment to do any skilled, unskilled, manual or clerical work is a workman. Punjab Industrial Relations Act, 2010 (XIX of 2010)-- ----S. 3(h)--Institution providing education excluded from PIRA--Validity--An establishment or institution providing education or emergency services are excluded from application of Punjab Industrial Relations Act, 2010--Teacher holds highest position in society being intellectual--Teaching is a sacred profession and a teacher by no stretch of imagination can be termed as workman, therefore impugned of learned trial Court holding teachers as workman is not sustainable in eyes of law--Petition was allowed. THIS ORDER PASSED BY: JUSTICE (R) SYED IFTIKHAR HUSSAIN SHAH, CHAIRMAN---.--- The present appeal has been preferred against the judgment dated 20.01.2016 passed by the learned Presiding Officer, Punjab Labour Court No. 09, Multan whereby the separate grievance petitions made by the respondents were accepted. 2. The respondents were appointed as School teachers during the period 2012 and 2013 in different schools controlled by D.C.O, Multan who performed their duties diligently and honestly and no adverse order was passed against them. The respondents from the nature of their duties and designation fall within the definition of worker/workman but their services are not being regularized, hence the grievance petitions. 3. The grievance petitions were contested by the appellant department and it was alleged that the profession of teacher does not fall within the definition of worker/ workman. The respondents were appointed on short gap arrangement by the School Management Committee on temporary basis for…

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