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1981 DIGILAW 160 (KER)

MUTHAYYAN v. MANAGER, KADALUR ESTATE

1981-07-13

V.KHALID

body1981
Judgment :- 1. Is a school teacher a workman? Such a question two decades ago would have astonished many and irritated some. But today nobody will feel either surprise or astonishment at such a question. This is the metamorphosis that has been brought in the outlook of man in the relationship between employer and employee by the Bangalore Water Supply Case. That case has opened up new vistas in industrial relations which could not have been thought of even when the Industrial Disputes Act was passed. The question posed in this petition is a sequel to some observations in the above judgment. 2. The petitioner was a teacher in the primary school at Kadalur Estate from 7-1-1959. He was dismissed from service with effect from 12-10-1970. His case was that he was a 'workman' as defined in the Industrial Disputes Act (for short the Act). He was employed in the Estate and was included in the check 9. At present I do not have all the materials before me except a layman's information about the functions of a teacher in a school. A finding on evidence would be the proper decision. The petitioner's counsel submits that he should be given an opportunity to adduce evidence. I hold that this request has to be allowed. I, therefore, quash Ext. P1 and remit the case back to the 2nd respondent for re-consideration of the question in accordance with law and evidence and in the light of the observations made in this judgment. The 2nd respondent will give sufficient opportunity to both the petitioner and the 1st respondent to adduce evidence and to be heard before final orders are passed. No costs.