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Documents citing Miss A. Sundarambal vs Government Of Goa, Daman And Diu & Ors on 27 July, 1988

Louis Gilbert Aroquiassamy @ ... vs The Principal / The Managing Director

9. From the above proposition, it is very clear that a Teacher is not a Workman under the I.D.Act, 1947, even though the School is regarded as an industry. The judgments produced by the Petitioner in support of his case were all rendered prior to the judgment of the Apex Court in Sundarambal vs. Government of Goa, Daman https://www.mhc.tn.gov.in/judis/ 7/12 W.P.No.1223 of 2020 and Diu and others and will not, therefore, strengthen the case of the Petitioner. That apart, the Petitioner, having signed the contract, which has been extended from time to time, as could be seen from Ex.Ps.1 to 6, cannot go back and endeavour to unsettle the settled issues. The Supreme Court in the following cases categorically held that the doctrine of binding precedent should be followed in letter and spirit and heavily came down on the act of unsettling settled issues:
Madras High Court Cites 14 - Cited by 0 - S Vaidyanathan - Full Document

Another Address vs The on 16 September, 2015

As regards the management of Brahampuri Nursery Model School, workman / claimant / applicant has pleaded that she was working as a 'teacher' Page 41 to 55 (ANAND SWAROOP AGGARWAL) POLC - XI / KKD / DELHI / 16.09.2015 Mrs. Vijaya Tiwari Vs M/s. Brahmpuri Public School & Anr. ID No. 824/04 on part time with Brahampuri Nursery Model School. As per case law reported as Miss A. Sundarambal Vs. Government of Goa, Daman and Diu & Ors. JT 1987 (2) 101 the teachers employed by educational institutions whether the said institutions are imparting primary, secondary, graduate or post graduate education cannot be called as 'workman' within the meaning of section 2(s) of the Industrial Disputes Act, 1947. HOWEVER, workman / claimant / applicant in the rejoinder has pleaded that she was working as a full time Cashier for both the school and as per instructions of the management she was teaching the nursery classes in the absence of any other teacher or shortage of staff. Workman / claimant / applicant in the rejoinder, while denying the stand taken by management(s) in the WS to the effect that there was no connection / relation between Brahampuri Public School and Brahampuri Public Nursery Model School, pleaded that there was never any coaching centre for nursery classes and there was and there is a public school only and Brahampuri Public School and Nursery Model School both are located in the same building management; office set up and staff are same. It is in this background that this issue deserves to be decided.
Delhi District Court Cites 58 - Cited by 0 - Full Document

Holy Family English Medium L.P. School vs Employees' State Insurance ...

50. It is stated by the appellants that the decision rendered by a Division Bench of this Court in 2009(3) KLT 421 (cited supra) is 'per incurium' for not having referred to the Apex Court's decision holding that 'Teacher' is not a workman [Sundarambal vs. Government of Goa, Daman and Diu][(1988 ) 4 SCC 42)] and such other verdicts. But no case of the Supreme Court is brought to the notice of this Court, to the effect that the appropriate Government in the case of educational institutions as that of the appellants herein, is the Central Government. The meaning of the term workman/employee as INSURANCE APPEAL 31 of 2012 AND CONNECTED CASES. 80 defined under different statutes differ quite a lot as discussed already and the meaning of the term under one statute cannot be mechanically applied to similar term under a different statute. Two separate Division Benches of this Court have already held that the appropriate Government is the State Government.
Kerala High Court Cites 83 - Cited by 0 - A Narendran - Full Document

Maharaja College Of Arts And Science vs The State Of Tamil Nadu on 14 March, 2011

35.The reference to A.Sundarambal's case (cited supra) holding that teachers are not workmen has no relevance for two reasons. The term "employee" as found in the ESI Act is not similar to the word "workmen" under Section 2(s) of the ID Act. Further assuming that teacher is not a workman, the Act even then can apply to the non teaching staff employed by educational institutions, who are admittedly covered within the meaning of Section 2(s) of the ID Act. Further, that stage had not arisen in the present case.
Madras High Court Cites 72 - Cited by 5 - K Chandru - Full Document

N.M. Wadia Charitable Hospital Through ... vs Dr. Ashok Vyankatesh Apate on 23 August, 2004

He submits that the judgment of the Division Bench of this Court referred to above has been confirmed by the Apex Court in the case of Miss A. Sundarambal v. Government of Goa, Daman & Diu and Ors., . On merits, the learned Advocate submits that the Doctor was first offered notice wages inasmuch as he was asked to collect legal dues from the office while terminating his services. According to the learned Advocate, this is sufficient compliance of Section 25F of the Industrial Disputes Act, 1947 and, therefore, there was no unfair labour practice committed by the Hospital.
Bombay High Court Cites 17 - Cited by 0 - N Mhatre - Full Document
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