- (1.) Heard learned Counsel for the Petitioner, learned Standing Counsel for Respondent No. 1 and learned Counsel for Respondent No. 20. No one has appeared on behalf of other Respondents even though they have been served.
(2.) This writ petition is directed against orders dated 31.03.1986 passed by Prescribed Authority under Minimum Wages Act, 1948/Conciliation Officer U.P. Kanpur Region, Kanpur. Labour Inspector had filed three cases in respect of different classes of employees of the Petitioner school. All were decided on the same date by the same authority. Number of case in respect of teachers, who are Respondents No. 2 to 38 in this writ petition was M.W. Case No. 219 of 1985. The copy of the decision in the said case is Annexure-11 to the writ petition. Similarly the number of the case in respect of riksha pullers and peons, 24 in number, who are Respondents No. 42 to 65 in this writ petition was M.W. Case No. 249 of 1985. Copy of the said judgment is Annexure-12 to the writ petition. The third case was in respect of head clerk and two clerks who are Respondents No. 39 to 41 in this writ petition and number of the said case was M.W. Case No. 264 of 1985. In all the three cases the allegation was that for December 1984, January 1985 and February 1985 lesser salary than prescribed under Minimum Wages Act had been paid.
(3.) As far as the first case, Annexure-11 to the writ petition, is concerned, it was in respect of teachers and in this regard learned Counsel for the Petitioner has cited an authority reported in Haryana Unrecognized Schools Association v. State of Haryana, 1996 AIR(SC) 2108. In the said case, Supreme Court has held that Minimum Wages Act does not apply to teachers and State Government in exercise of powers under Minimum Wages Act is not entitled to fix the minimum wages for teachers of educational institutions. Accordingly, Annexure-11 to the writ petition is quashed.;