EN THE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.1 WRIT PETITIONNO.5^^/ 2006 IPETITIONERS •' \ y ft l* ffxy y \B\^/ /^,^' &?/i Sf .•• -^ K ^/ w - /^sss^ f&&^"^ !iy/ Asi—'.iii\'";!A iiOi Ai-AHNA VS1, '\. ^'•s\l / I, SAlc^T'ffJ, ^4 ' 11 ^£';'i"':h»aw%;? ^ Bharat Singh Baghel, Son of Shri Rambhan Singh Baghel, aged about 48 years, Teacher, Resident of Jhagrakhand Colliery, Korea (C.G.). Rajmani Tripathi, Son of Late Shri Jyoti Tripathi, Principal, aged about 57 years, Resident of Qr. No. B-ll, South Jhagrakhand Colliery, Korea (C.G.). Raghubansh Prasad Dubey, Son of Late Shri Vishnu Dutt Ram, Teacher, aged about 45 years, Resident of Pouradhar Colony, District Anuppur (M.P.). ^ Awadhesh Kumar Tiwari, Spn of Late Shri Tribuwannath Tiwari, aged about 50 years, Teacher, Resident of Pouradhar, "Post Jhimar, District Anuppur, (M.P.). "s<% 8, Shiv Prasad Shrivastava, Son of Late Shri Suraj Prasad Shrivastava, aged about 44 years, Teacher, Middle School Jhimar, District Anuppur (M.P.). Yogman Agnihotri, Son of Shri Sampat Kumar Agnihotri, aged about 49 years, Teacher, Primary School Pouradhar, District Anuppur (M.P.). Ramagovind Tiwari, Son of Shri Abhimanyu Prasad Tiwari, aged about 44 years, Teacher, Primary School Pouradhar, District Anuppur (M.P.). Jaibahadur Singh Son of Late Shri Umashankar Singh, aged about 52 years, Primary School Pouradhar, District Anuppur (M.P.). Mandhir Prasad Payasi, Son of Shri Sunder Lal Payasi, aged about 47 years, Peon, Primary School Pouradhar, District Annuppur (M.P.). .iw -' 1f: 11 !. 11. ^ lffl igyw > 10. Surendra Sharma, Son of Shri Rameshswar Sharma, aged about 50 years, Teacher, Middle School Jhimar, District Anuppur (M.P.). 11. Sunder Lal Tripathi, Son of Shri Ganga Prasad Tripathi, aged about 45 years, Peon, Middle School Jhimar, District Annuppur (M.P.). 12. Kiran Malaiya, Wife of Shri Surendra Kumar Malaiya, aged about 48 years, Resident of Jhimar, District Anuppur (M.P.). 13. J. Venkatraman Rao, Son of Shri Ramjoga Rao, aged about 48 years, Teacher Primary Schoot Shantinagar, Post Bangawan District Anuppur (M.P.). 14. Bhagwan Singh Son of Late Shri Shivji Singh, aged about 47 years, Teacher, Primary School Shantinagar, Post, Post Bangawan District Anuppur (M.P.). ^ t yv d i 3 i ..'i t. & 'Pl|r '"^^ /^ows^ ,r''*. ^,^'" "^-i.I^'^; '^^" ~\ f^-' S--2^ !§' Si% Kl siTsffi^%d*i y^... .^ ,^' ! /•ff, 15, 16. 17. .18. 19, Banshidhar Mishra, Son of Shri Harinarayan Mishra, aged about 52 years, Teacher, Primary Schoot Shantinagar, Post Shantinagar, Post Bangawan District Anuppur (M.P.). Upendra Prasad Singh, Son of Shri Shivnath Singh, aged aboyt 43 years, Teacher, Higher Secondary School, Jhagrakhand, District Korea (C.G.). Mahendra Pratap Singh Yadav, Son of Shri Dashrath Yadav, aged about 47 years, Teacher, Primar/ School Shantinagar, Post Bangawan District Anuppur (M.P.). Brijbihari Pandey, Son of Shri Baijnath Pandey, aged about 48 years, Teacher, Higher Secondary Schoot Jhagrakhand District Korea (C.G.). Chandrika Prasad Verma, Son of Shri Parasram Verma, aged about 39 years, Science ^Bsi' ^:I":"^'i i^.'' Xff ^-^^'; ^^ 'fftS^S/^ll rA/{/ Assistant Teacher, Higher Secondary School Jhagrakhand, District Korea (C.G.). 20. Haricharan Pandey, Son of Shri Ramsavare Pandey, aged about 43 years, Peon, Primary School Shantinagar, Post Bangawan District Anuppur (M.P.). 21. Smt. Namita Sengupta, Wife of Shri K. R. Sengupta, aged about 49 years, Teacher, Higher Secondary School, Jhagrakhand, District Korea (C.G.). 22. Smt. Krishna Khare, Ravendra Kumar Khare, aged about 45 years, Primary School South Jhagrakhand, r/o South Jhagrakhand, District Korea (C.G.) 23. O. P. Vishwakarma, Son of Shri M. P. Lal Vishwakarma, aged about 46 years, Teacher, Middle School South Jhagrakhand, District Korea (C.G.). «il 24;" Sfflf^'lbn^Das D/8 SKrrRrN: Das, aged about 45 years, Teacher, Primary School Rajnagar, District Anuppur (M.P.). y25. Shiv Shankar Kushwaha, Son of Shri Mangal Kushwaha, aged about 48 years, Peon, Higher Secondary School, Jhagrakhand, District Korea (C.G.). i^26. Dr. R. S. Sharma, Son of Shri Mathilisharan Sharma, aged about 48 years, Lecturer, Higher Secondary School North Jhagrakhand Colliery, District Korea (C.G.). 27. Subhashchand.ra Jha, Son of Shri Nenalal Jha, aged about 45 years, Peon, Middle School South Jhagrakhand, District Korea (C.G.). 28. Santosh Kumar Gupta, Son of Shri Amrit Lal Gupta, aged about 44 years, P.T.I. Higher Secondary School North Jhagrakhand Colliery, District Korea (C.G.). ^ IIs 1 !,M wm •^ ^?:ij^ M'i <' s^asa;.. '^ONMj .'y foy^pARNA 1*1 ^AU/in 3 i n:?2..- .^'", '¥:iC\. ^s^-^-^ '^^i;s*g; ''•^S-ssS''" 29. Kamal Kishore Vishwakarma, Son of Shri Ramnaresh Vishwakarma, aged about 43 years, Peon, Higher Secondary School, North Jhagrakhand Colliery, District Korea (C.G.). 30. Nirpat Singh Rajput, Son of Shri Ram Singh Rajput, aged about 44 years, Peon, Higher Secondary School North Jhagrakhand, District Korea (C.G.). 31. Rajendra Kumar Mourya, Son of Shir Baldeo Ram Mourya, aged about 45 years, Teacher, Middle School Jhimar District Anuppur (M.P.). 32. Vijay Kumar Tripathi, Son of Late Shri Dharmdeo Tripathi, aged about 43 years, Teacher, Middle School Jhimar District Anuppur (M.P.). 33. Rekharani Khare, Wife of late Shri Krishna Kumar Khc ' l:i ESSi-iSSSf,--"1^^!'. ^!%F ssssss^ —HS%;:. SSSSSssSK''- BS — •y ^ •f' •<••'• "^•^aii^StfS ^aged about 481 yyeeii^ Assistarit Librarian; Higf-l^F: SecoSdSiy };^^^^c^^^^^^ ^ Jhagi-akhand, District Korea ,';;;tC.G.).,-.^'.:.::^-'..^ 34. S. K, Singh Yadav, SQn Iof Late Shri Babulal Sirigh Yadav, aged about 43 years^ Teacher,' Priniary s sgcH Jhimar, District Ariu|Spui- 'CM.P.). .'.'••• ;;.:"1.:;'.1: .:.~:: 35. Naresh Kumar Sinha, Soh of Shrj Virghdra Prasad SiWha, aged; at)©ut 45 years,; TeaGl'ier, Primary SChool Jhimar ^ District AhuRpur' •.fM.:P.:).'^.::.-.'';::''.:'.';-^^^'^ 36. Mukytniani Tripathii< Son df Late Shri Jagdamba Prasad Triisathi, aged about 48 years, Assistahf Grade-II, B- 1, SQuth Jhagrakhahd Colliery, District Kcirea :^.;;(C,G.)..:.;::1:;. , 37/^^DeYi3rrani Pancley, Son ofStiri Rampratap Pandey, ag6d .^about 50 < years, Teaclier, ;^s, ^s^iES'^f3S;K a ..{^'i'i-SGS: ^^ms^h ^Ay 'x'^y^ .'•*^'. ff^f &r::n,-...'^t i ^°7 AS:A?<NA VS li+? MAHfiVA W %.,?lc ^ ^ C.R.O. Camp Rajnagar, District Anuppur (M.P.). 38. Triloknath Dubey, Sonof Shri Ramakshabar Dubey, aged about 46 years, Lecturer, Resident of South Jhagrakhand Colliery, District Korea (C.G.). 39. Ashok Kumar Son of Shri Hanuman Dutt, aged aboufc 37 years, Peon, Resident of Badidafai, South Jhagrakhand Colliery, District Korea (C.G.). ^-40. Rajkumar Tripathi, Son of Shri Swaminath Tripathi, aged about 49 years, Peon, Resident of North Jhagrakhand, District Korea (C.G.). ^-41. Smt. Lalita Ambasth, Wife of Shri Satish Kumar Ambasth, aged about 44 years, Resident of B Type Quarter, Near Kali Mandir, Ra]nagar, District Anuppur (M.P.) 42. L. K. Sharma, Son of Late Shri R. B. Sharma, aged ia ;»• iS in n •SSSBBB y.^^^^ about 49 years, Lecturer, Higher Secondary School North Jhagrakhand, District Korea (C.G.). 43. General Secretary Madhya Pradesh Koyla Mazdoor Sabha, Wright Town Jabalpur (M.P.) %' @ ^' VERSUS IESPONDENTS 1. ^ 2. 3. The South Eastern Coal Fields Limited, Through: Its Chief Managing Director, Seepat Road, Bilaspur (C.G.) Chief General Manager, Hasdeo Area, S.E.C.L. District Ko^ry/Vj^AA-^ Mai4effaregarh (C.G.) Singhi Collieries Education Society, through it's ^y '<^^\ Chairman, Chief General Manager, S.E.C.L, Hasdeo Area, P.0. South Jhagrakhand, District Koriya (C.G.) WRIT PETITION UNDER ARTICLE 226/227 OF THE CO NSTITUTION OF INDIA HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION N0. 2667 Of 2006 PETITIONERS RESPONDENTS Bharat Singh Baghel and 42 others Versus The South Eastem Coal Fields Limited and others ORDER Postfor 13>-7-2010 ^ Sd/- N.K. Agarawal Judge /y\ HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION N0. 2667 OF 2006 PETITIONERS RESPONDENTS Bharat Singh Baghel and 42 others Versus The South Eastern Coal Fields Limited and others SB:- HON'BLE SHRI N.K. AGARWAL, J PRESENT: Shri Sanjay K. Agrawal with Shri Alok Bakshi, Advocates for the petitioners. Shri Ajit Sinha, Sr. Adv. With Shri P.S. Koshy, Advocate for the respondents No. 1 and 2. ORDER ( 13 -7-2010) 1. Jhagrakhand and Rajnagar Collieries belonged to private companies. The Directors belonged to Singhi family of Kolkata. These private companies were running five schools in Jhagrakhand collieiy and one school in Rajnagar Colliery. Later they formed a society and got it registered under the name of Singhi Colliery Education Sociely, Jhagrakhand- respondent No. 3. Schools were transferred to the said society some time in June, 1963. In January, 1973, the coal mines were nationalized and vested in the Central Government. Subsequently the coal mines came to be owned and managed by the Government undertaking - Coal India Limited. 2. Petitioners' case in brief is as follows:- 3. The petitioners claiming that even though the management of the schools ostensibly vested in the Singhi Colliery Education Society, Jhagrakhand (respondent No. 3), in fact, they were owned and managed by the owner of the Jhagrakhand and Rajnagar Collieries and for all purposes the petitioners were the employees of.the said private companies. After vesting of the Coal Fields, petitioners became employees of Westem Coalfields Limited and at present they are employees of the respondents No. 1 and 2. The respondents No. 1 and 2 for all purposes took over the management of the schools wherein the petitioners were working as teachers. It was further pleaded that the respondents No. 1 and 2 are running fhree types of schools in its collieries in order to provide education facilities to the workers i.e. the schools entirely run, managed and paid by the respondents; the schools run and managed by the D.A.V. schools/Central Board of Secondary Education, expenditure for which is provided by the respondents including accommodation, furnitures and the schools run by the Society/respondent No. 3. 4. Some time in the year 1984, the Misc. Petition No. 735/84 (Shivpher Ram Yadav and others -v- South Eastem Coalfields Limited and others) was filed seeking a direction to pay salary and other allowances at par with the SECL employees. The respondents No. 1 and 2 in that petition, denied that they were the owners of fhe schools run by the respondent No. 3 / Society wherein the petitioners were working as teachers. It is admitted that the management is providing certain facilities to these schools but denied that they were liable for maintenance of the schools. As regards the allegation that these respondents were paying higher salaries to teachers of other schools, in particular, the Central School, respondents denied the same and pleaded that the Central Schools Board on their request opened a Central School in Jhagrakhand area. It was not specifically denied that the salaries of the teachers employed in the Central School were reimbursed by these respondents to the Central School Board but it was denied that the teachers employed in the Central School were the employees of the Coal Fields and that the petitioners for that reason are entitled to salaries and -€?^^ Jf'fc-'i' ' ?fc \ e Y0?;^ 3 ^ emoluments equal to the salaries and emoluraents paid by the Central School Board to its employees. The Division Bench of the High Coi.u-t of Madhya Pradesh vide its order dated 12-1-1987 dismissed the petition (Annexure P-5) holding the teachers employed in the Central School are not employees of the respondents No. 1 and 2 but are Central Government employees working under the Central Govemment. The fact that as a result of agreement with the Board, the respondents No. 1 and 2 are reimbursing the expenditure incurred by the Board does not make the teachers of the Central School employees of the respondents No. 1 and 2. It was further held that allegations of unequal treatment made in the petition could not be sustained. In the light of above finding, the Division Bench of M.P. High Court did not feel necessary to examine whether the schools run by the respondent No. 3/ Society are in fact owned and managed by the respondents No. 1 and 2. Hon'ble Apex Court vide its order dated 4-4-1988 (Annexure P-6), permitted the petitioners to withdraw the petition and to approach the High Court of M.P. with a fresh petition. The Colliery Teachers Association through Shri L.K. Sharma, General Secretary, South Jhagrakhand Colliery filed Misc. Petition No. 3536/93 before the High Court of M.P. (Annexure P-7) praying for the following reliefs:- "i. To issue an appropriate writ/writs, order/orders, direction/ directions directing the respondents to treat the petitioners as employees of SECL from the very beginning and pay fheir wages as being paid to the teachers employed by SECL, previously by WCL; ii. and/or iri the alternative in any case they should be paid wages as being paid to the School ^' run by DAV College, Delhi or Central Board of Secondary Education, whose service conditions are fully compensated by the South Eastern Coalfieles Ltd.; iii. Further to issue a direction to the respondents to pay the arrears of wages with interest at the Bank rate." 8. The High Court of M.P. admitted the writ petition and passed interim order directing the respondents to see that the arrears of salary due to the petitioners and other teachers employed in the schools financed by the respondent No. 1 is paid without any delay. On 18-2- 1999, respondents' application for vacating stay order was also rejected. The S.L.P. (Civil) No. 1431/1994 ffled by the respondents was also disniissed. 9. The petitioners therein filed a Contempt Petition i.e. M.C.C. No. 344/1994 for non-compliance of the order dated 13-9-1993. During the pendency of the above petition and the contempt petition, a settlement between the respondents No. 1 and 2 and the petitioners in M.P. No. 3536/1993 was executed as follows:- "1. At present there are surplus staff, who shall be removed on the following basis:- (i) The Teachers employed in B-Seam Primary School which is closed will be deemed to have been removed from the date of closure of the School and will not be taken back on duty; (ii) Persons who are carrying other business in addition to the teaching duties will also be removed from services after enquiry is made by a Committee constituting of the Principal and the representative of the Management, nominated by Chief General Manager, Hasdeo Area; ^ (iii) All those teachers who have given poor performance, i.e. in view of the result less than 50% in the past three years in Board examinations will also be removed on the recommendation of the above Committee; (iv) 70% of difference of wages and allowance befrween what is paid to them and what is due under the State Govemment Scale from time to time to all those deserving teachers will be paid within 15 days of signing the settlement. This benefit will be available to only those who accept this settlement. (v) In case there is subsequent need of appointment of teachers, preference will be given to those teachers who were employed in B-Seam, Primary School and have been removed due to closure of School, subject to the condition that their performance and Conduct while in service have been good. (vi) The Principal being head of the Institution will exercise all disciplinary powers including termination from service, suspension etc. and shall have the powers for appointment of vacant posts on the recommendation of a comniittee having at least one member noininated by the Chief General Manager, Hasdeo Area. (vii) The Principal on the recommendation of the Committee constituted with the approval of the Chief General Manager, and the School is entitled to increase payment of fees of students. The Principal and the Teaching staff shall make all efforts to bring a good result and a better education. -Slg^ ^'ifyar-!*'^ 10. (viii) The Management as a nieasure of goodwill and as a measure of Welfare activities shall to pay difference between receipt on the basis of increased fees and expenditure in connection with the payment of salary and other allowances as admissible under the Circular of State Government from time to time including 5% contingency. (bc) The Union and the teachers will unconditionally withdraw the contempt petition i.e. MCC No. 344/94 as well as M.P. No. 3536/93. (x) Copy of this Memorandum of Understanding will be sent to the Regional Labour Commissioner (Central), Jabalpur before whom the case is pending with a request by both the parties to close the case keeping a copy of the settlement on record. Both the parties will sincerely and faithfully impleinent the settlenient and shall not raise any objection.", On 3-1-1995, the settlement was registered and intimated to the parties. (Annexure P-16) Thereafter, Minutes of Understanding (hereinafter referred to as 'MOU') between the respondents No. 1 and 2 and the General Secretary M.P. Koyla Mazdoor Sabha (HMS) Union and L.K. Sharma, representing teachers working in Singhi Collieries Education Society was executed in the following terms: "(l) The management of SECL will pay a sum of Rs. 20,95,632.50 (Rupees twenty lakhs Ninety five thousand six hundred thirty two and paise fifty only) as ex-gratia payment on account of wages to the teachers from 1-8-1989 to 31-1-1995. 7 The arrears will only be paid to those teachers whose performance is considered satisfactory and who accept the settlement. The performance will be examined by a Committee consisting of the Principal and representative of the Chief General Manager. (2) Primary School, B-Seam stands closed with effect from August, 1993 due to non-recognition by the State Govemment inspite of all efforts made for its recognition. The surplus staff cannot be retained in service. It is decided that only those teachers whose performance and service record is not satisfactory and involves in other business other than teaching will be terminated after giving them opportunity for hearing by a Committee consisting of Principal and the representative of Chief General Manager. Action in this respect will be taken before 31s* March, 1995 till then they will continue in service, and the payment to such teachers and staff till March, 1995 will be made in old rate. While examining the performance, the Committee will especially take into consideration the result of the Board Examination for the last three years. (3) The benefit of fhis understanding will only be given to those teachers who signs the memorandum of understanding subject to their satisfactory performance to be judged by the School Committee. It is noted that as per the MOU arrived at on 6th December, 1994, the Union and the teachers unconditionally withdraw the Contempt Petition i.e. M.C.C. No. 344/94 as well as M.P. No. 3536/93. v ^i '\ ^,-, \^J''./ ^ (4) Hike in donation at the rate of mininium Rs. 20/- per month per student will be effected with effect from the coming session i.e. wlth effect frorn 1st July, 1995. The Management, however, as a measure of goodwill and part of welfare activities, shall pay the difference between the receipt of the School by way of donation, receipt and expenditure towards the payment of salary and other allowances admissible under the relevant circular of the State Government from time to time.In any case, amount will not exceed Rs. 13 lakhs 70 thousand per year. (5) The Management will arrange for making the payment to the teaching and non-teaching staff in accordance with the MOU and the details referred to herein on or before 31st March, 1995. The salary from 1st February, 1995 onwards will be in accordance with the existing revised rates on regular basis, but only in respect of Teachers and Non-teaching staff who accept the settlement and are eligible as per the criteria laid down in this settlement. (6) In case the Enancial assistance from the Management is sought for an amount exceeding Rs. 13 lakhs 70 thousand will be decided by the Management in consultation with the Union and the Principal. (7) The Principal being the Head of the Institution will exercise all disciplinary powers in respect of teaching and non-teaching staff in the Schools of the Singhi Colliery Education Society, Hasdeo Area, with the approval of the Chief General Manager/Chairman of the Managing Committee. 5 '>., ^•'A?"°Y' 'A A g' '"(F-~.. "^"•..•.'*s-(h .^ '. K ^ i if'!^ (8) The Singhi Collieries Education Society is not effectively functioning. This society has to be re-organized and established regularly. All concerned shall cooperate in this respect." It was agreed between the parties that the contempt petition as well as M.P. No. 3536/93 would be withdrawn unconditionally. Accordingly M.P. No. 3536/93 and Contempt Petition i.e. MCC No. 344/94 were dismissed as withdrawn by order dated 7-4-1995. 11. On 14-5-1996, the petitioners' Union filed an application under Section 33(C)-1 of the Industrial Disputes Aet before the Regional Labour Commissioner for recoveiy of a sum of Rs. 41,93,363 (Annexure P-19). The Management of SECL filed reply (Annexure P-20). 12. On 4-6-1996, the Regional Labour Commissioner directed the respondents No. 1 and 2 to pay a sum of Rs. 23,97,547/- with regard to the difference of salary to the non-teaching stafffrom 1-2-1995 to 30-4-1996 (Annexure P-21). As per the terms of settlement, the respondent's appUcation for recall of the order was also rejected. 13. On 14-1-1997, the respondents/SECL filed Writ Petition No. 349/97 before the High Court of M.P. challenging the order dated 16-12-1996 passed by the Regional Labour Commissioner vide Annexure P-23. On 2-5-1997, the Division Bench of M.P. directed the Labour Commissioner, Jabalpur to record necessary finding after hearing the parties whether the relation of master and servant exists between the petitioners on one hand and the schools run by the Society on the other hand. 14. The Regional Labour Commissioner submitted its report dated 8-1-1998 before the High Court of M.P. in which it has been recorded that since the respondent No. 3/ Society is under the control of Management of SECL, Hasdeo Area, the employees employed by the Society i.e. .'''^""'ir' '^ 10 » .: \ /;' ^ teachers and staff are also employees of the Management of SECL, Hasdeo Area. After submission of above report, the Division Bench of M.P. High Court vide its order dated 18-2-1999 disposed of the writ petition with a direction that the understanding dated 6-12-94 and MOU dated 29-3-95 be implemented in letter and spirit within a period of two months. The Division Bench further observed that "if the understandings are implemented perhaps the occasion for setting aside the order of the Regional Labour Officer, would not arise at all." 15. On an application filed by the M.P. Koyla Mazdoor Sabha, through its General Secretary Natthulal Pandey, the Regional Labour Commissioner directed the Management of SECL to pay Rs. 78,28,810/- to 47 teaching and non- teaching staff of the respondent No. 3/Education Society in terms of the agreement within a period of 15 days vide its order dated 29a March, 2000 (Annexure P-36). On 10- 5-2000, the Regional Labour Commissioner issued an R.R.C. against SECL (Ex. P-38). 16. The SECL challeing the above orders filed Writ Petition No. 3409/2000 and also report of 8-1-1998 . On 8-6- 2000, the High Court granted interim order in favour of the SECL. The application for vacating stay order was also rejected by the High Court. The petitioners herein challenged the said order dated 8-6-2000 passed in the above petition No. W.P. 3409/2000 before the Hon'ble Apex Court. The Apex Court had passed the following orderon 19-1-2002:- "Without prejudice to the rights of the parties pending hearing and disposal of the writ petition before the High Court, respondent No. 1 is directed to arrange for payment of regular salary to the teachers/lecturers in the schools run by Singhi Colliery Education Society as per the State Government Scales within four weeks from today. Finally, if the High Court arrives at a conclusion that the schools are run by the State or Central Govemment, it would be open to the respondent No. 1 to submit to the High Court for appropriate direction for recovery of the said amount. With these observations, this petition stands disposed of." 17. Ultimately, the above writ petition was allowed by the Division Bench of this Court vide its order dated 22-11- 2005, in which in para 24, 31, 33, 47 and 48 the Division Bench observed thus : "i. In view of the above decisions, it is held that the teachers are not 'workmen' under the provisions of the I.D. Act which enable them to file an application under Section 33-C(1) of the I.D. Act. Conjoint reading ofthe settlement dated 6-12- 1994 and MOU dated 29-3-1995 make it clear that the said settlement and MOU were signed with clear understanding that the SECL had