B.K.ROY, S.K.JAIN, JJ. - (1.) The petitioner has come up with the following prayers:- (i) to declare Notification No. 4190/XXXVI-3:1(M.W.)83, datedDecember 1, 1984, published in U.P. Gazette, Extraordinary, dated December 1, 1984 as contained in Annexure-1 as null and void and quash it and command the respondents not to enforce it; (ii) to quash the notice dated June 18, 1987 issued in Case No. M.W.A. 77/1986 by the Assistant Labour Commissioner, Dehradun, respondent No. 2 as contained in Annexure-2.
(2.) The moot ground taken by the petitioner is that as the petitioner is a private institution to which no aid is granted either by the State Government or any local body and the normal working hours of its teachers and other employees on a working day is less than five hours whereas in an industry it is eight hours per day and the salary paid to them has no correlation with the physical labour and thus they cannot be treated as employees of the petitioner or the petitioner as an employer as contemplated under the Minimum Wages Act under which the impugned notification and notice have been issued and thus they are without jurisdiction and void.
(3.) Mr. R.N. Bhalla, learned counsel appearing on behalf of the petitioner after confining his argument to only teachers of the petitioner-school submitted with reference to the decision of the Apex Court in Haryana Unrecognised Schools Association v. State of Haryana AIR 1996 SC 2108 : 1996 (4) SCC 225 : 1996-II-LU-639, that when the State of Haryana issued a similar notification in relation to teachers employed in the schools of Haryana the same was struck down holding that teachers of educational institutions could not be held to be an employee under Section 2(i) of the Minimum Wages Act.;