LPA/588/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 588 of 2008 In SPECIAL CIVIL APPLICATION No. 29880 of 2007 With CIVIL APPLICATION No. 6369 of 2008 In LETTERS PATENT APPEAL No. 588 of 2008 In SPECIAL CIVIL APPLICATION No. 29880 of 2007 For Approval and Signature: HONOURABLE MS. JUSTICE R.M.DOSHIT HONOURABLE MR.JUSTICE K.M.THAKER ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to civil judge ? ========================================================= SUNNI MUSLIM WAKAF COMMITTEE - Appellant(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================================= Appearance : MR PRABHAKAR UPADYAY for Appellant(s) : 1, MS TRUSHA PATEL, ASST. GOVERNMENT PLEADER for Respondent(s) : 1, None for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER Date : 08/12/2008 LPA/588/2008 2/3 JUDGMENT ORAL JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) This Appeal, under Clause 15 of the Letters Patent, is preferred by the Sunni Muslim Wakf Committee [hereinafter referred to as “the Committee”], a public charitable trust, against the order dated 12th December, 2007 made by the learned Single Judge in above Special Civil Application No.29880 of 2007. Feeling aggrieved by the reference made by the Assistant Commissioner of Labour, Ahmedabad in respect of termination of the respondent - instructor, the appellant preferred the above writ petition before this Court. The writ petition has been disposed of by the learned Single Judge by observing that, “the petitioner is having ample opportunity to raise all these contentions before the Labour Court as preliminary issue and on that occasion, the Labour Court will consider and examine it in accordance with law.” Therefore, the present Appeal. LPA/588/2008 3/3 JUDGMENT Two questions arise. First, whether the appellant Committee can be said to be an industry and second, whether the respondent – instructor can be said to be a workman within the meaning of the Industrial Disputes Act, 1947 [hereinafter referred to as “the Act of 1947”]. It is well settled that a teacher is not a workman within the meaning of the Act of 1947. However, both these issues can be decided by the Labour Court as preliminary issues as observed by the learned Single Judge. No case for interference is made out. The Appeal is dismissed in limine. Civil Application stands disposed of. [Ms. R.M.Doshit, J.] [K.M.Thaker, J.] kdc