Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Mallika Nawal (Advocate )     17 November 2011

Writ in case of private college

To whomsoever it may concern:

I had a few basic questions:

1) If the Director of an institute violates the bye-laws of the institute, can the aggreived file a writ petition in the High Court?

2) Are Professors covered under Labour Law and can they approach Labour Courts?

3) Can you help me with the SC order that says a person cannot be evicted from his home (even after termination) for a period of 6 months? I would really appreciate if you would give me the case reference/details.

Regards,

Prof. Nawal



Learning

 15 Replies

Kirti Kar Tripathi (lawyer)     17 November 2011

Not maintailable unless private body is liable to perform statutory obligation.

1 Like

Mallika Nawal (Advocate )     17 November 2011

Its a government-private partnership. The government has given crores of rupees to the institute and it is built on government (forest) land.

Kirti Kar Tripathi (lawyer)     17 November 2011

Whether Government has any control over its affairs ? if yes,please explain

Mallika Nawal (Advocate )     17 November 2011

The Governing Board itself has several members from the Government. Hope this answers the question.


(Guest)

Preable speks for itself. High Can be moved without exception.

Professors are of the rank of Class 1 government servants and are not covered under labor laws.

Clear up point 3.

Sudhir Kumar, Advocate (Advocate)     18 November 2011

Writ can lie only against Public Bodies and not private bodies.

Sudhir Kumar, Advocate (Advocate)     18 November 2011

Professors are not doing managerial functions. They may be called workmen.


(Guest)

Lawyers and Judges also don't do managerial functions.So as per your "theory", they are also laborers.


(Guest)

Do you know what a writ is?

Kirti Kar Tripathi (lawyer)     18 November 2011

It is settled position of law that teaching staff including Professors is not come within the ambit of Workmen as difined in Section 2(s) of the Industrial Disputs Act as such the can not get any relief from Labour Court. So for as maintainabilty of writ is concerned it is not maintainable aganst any private body unless body is bound comply statutory duty. However, in case privated body is contraled and/or managed by the Government inzstrumentality, writ can lie against it. 

PARDEEP KUMAR (Practicing Advocate)     19 November 2011

Hi Mallika,

The pointwise reply to your query is as under: -

1. Writ petition under article 226 of the Constitution of India can be filed against a State as defined in Article 12 off the Constitution of India.  So, in case the Institute is receiving grant or is under direct control of the Government ( not a society) and the members on board are nominated by the Government, a writ can be filed, make concerned department viz. Education department etc., a respondent in the writ petition.

2. Professors do not fall within the definition of labour, as such they can't approach labour courts, however, they can approach, respective Tribunals in case of Government employees or else civil courts for redressal of their grievances.

3. You can have the judgment (if any) surfing google.com.  However, such issues are generally governed by the guidelines, standing orders etc., of such institutes.

regards

Pardeep


(Guest)

Private colleges are under the control of Vice Chancellors, DMs, SDMs, ultimately the cancellors who are Vice President of India, Governors of a State Government. No private body in India is free from the clutches of the government. A writ can be filed by Private bodies /colleges if Fundamental Rights are denied or if Habeas Corpus obtains in certain cases.  Anyone classifying professors as workmen or covered unde the Industrial disputes Act should think twice.. An excellent lawyer can anything within the purview of articles 32/226. Depends on how good is the lawyer in chess.

PARDEEP KUMAR (Practicing Advocate)     20 November 2011

Mr. Final conflict,

Sir, with due respect, I am to say that going by that formula, everything in this country comes under the control of the Government, Supreme Court and other authorities, then for what Article 12 defining 'State' is there in the Constitution of India, and then why 'State' is there in Article 226 for filing a writ before Hon'ble High Court and Article 32 for Hon'ble Supreme Court of India.  I think you are making a mistake. 

Though presentation depends upon a lawyer, but Judges are also there, who knows everything, and ultimate its the facts, technicalities which matters, the most.

 

regards


(Guest)

Judges are former failed lawyers. No good to excellent lawyer ever becomes a Judge. Eg. Ram Jethmalani, Nani Palkiwala and many others.


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