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Are teachers considered as workmen
11-Jan-2023 (In Labour & Service Law)
Hi, I have worked as a Corporate Trainer ( providing IT Trainings to companies or Individual), I have a dispute with my previous organisation and filed a complaint with Labour office under ID act. They keep coming and saying that my complaint does not come under ID Act, as "Teachers" are not considered Workman. In my view Teaching is a profession which requires specialised education Like B.ed. wherein for being a corporate trainer there is no such obligation. Could anyone help me file a reply to this justifying that I am not a teacher and should be considered Workman under 2(s) of ID Act.
Hi. The law as far as whether a 'teacher' comes within the scope and ambit of section 2(s) of the ID Act has been settled by the Hon. Supreme Court in numerous judgments. The first one being reported in (1988) 4 SCC 42 A. Sundarambhal v. State of Goa, Daman & Diu, wherein the Hon'ble Supreme Court has specifically held that educational institutions though regarded as an industry but teachers cannot come within the ambit of definition of 'workman'. However, yourself being a corporate trainer could be distinguished from a teacher and a suitable reply could be sent on your behalf.
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Adv. Shreyans Singhvi
Delhi | 100+ Answers
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Of course there's a difference in between one who is known as teacher and the one who is known as trainer. But if you are a trainer then in what capacity and what has led you to become a trainer that is question which is required to be answered before the court. Unless you clarify these two questions Court will not determine as to whether you are a workmen or not. And unless your stature is not determined this case is going nowhere and you will be stuck with your case for years.
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Adv. Pulkit Prakash
Delhi | 400+ Answers
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The correct test to determine whether any employee is a workmen or not has laid down by the Suoreme Court in its landmark judgment. That test will have to be emolyed in your case too before it can be contended that you are a workman.
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Adv. Salim Ambar Inamdar
Delhi | 25+ Answers
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