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Bimal Kumar Khemani

Private Schools and Labour Act

Question

Bimal Kumar Khemani

Friends,

I would like to know wheather Private Schools and Colleges are liable for registration under the LABOUR ACT and if yes kindly quote the relavent section.

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11 answers to this question

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ganpat1956

There is no single "Labour Act" which is applicable to educational institutions. Labour Laws in general comprise of several enactments like the Payment of Wages Act, EPF Act , Payment of Gratuity etc., many of which are applicable to the educational institutions either by way of a specific definition in the Act or through subsequent notifications or guidelines issues by the respective state governments.

 

If you can be a little more specific, perhaps we can think of a way to find out through RTI if a particular enactment has been duly implemented/followed in educational institutions.

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Bimal Kumar Khemani

Thank you Ganpat

There are mushroom growth of Private Schools and colleges in every nook and corner of India. The School management treats their staff as bonded labour. They are paid a very little salary, offcourse the payment voucher is made for much more higher amount and the payment is made just half of that.

I want to find out some way, that some check is applied to protect the interest of the staff working there. I am trying to obtain the information with ESI and PF under RTI. But at the same time trying to find that these are covered under any LABOUR law, apart from these, which are in my mind.

I think the subject is clear and would get help, so that I can proceed further.

With regards.

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jps50

These problems are all over India. This can be circumvented not only by law, but by having powerful resistence from Unions of such teachers. They should unite and resist. Some misuse by Unions will be there but overall things will improve. Labour laws are very old and take decades to have results.

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Bimal Kumar Khemani

Dear Shah

The teachers employed in these private schools are treated as bonded labour and any body resisit for some thing they are thrown out.

We the activists must build pressure throgh RTI for ESI, PF , GRATUTI registration etc. and once the names of the teachers are registered with ESI or PF scheme then it would be difficult for the school management to throw them out. And after creation of such conditions, the teachers may get some sort of security,

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nukebomb

dear sirs.

i think this issue needs attention of all activists and all people in general.

 

for this i think one should start from labour commissioner and epf commissioner asking them the details of inspection done in this and that school .

 

if we start from schools and principals , it may not be effective.

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ganpat1956

Bimalji, when you finid time, please go through the following threads. You may get some additional inputs

 

1. http://www.rtiindia.org/forum/1495-applicability-right-information-act-private-unaided-schools.html#post5344 (This is an old decision of CIC that carry some interesting observations)

 

2. http://www.rtiindia.org/forum/1711-rit-application-gen-bc-joshi-army-public-school.html (This is about the indomitable fighting spirit of a lady member of our portal, Smt Amrita Ganga, who waged a lone battle against all odds)

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Bimal Kumar Khemani

Thank you very much Ganpat for providing a very useful decision of Mr. M.M.Ansari.

 

Mr. Nukebomb, I have already initiated this by RTI with

1. Labour Commissioner

2. Inspector of Schools

3. ESICorpration

4. PF Commissioner

and the matter has gone upto 2nd appeal stage

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Anr

Respected sir,

I was a PGT teacher in a private school (CBSE affiliated). After leaving the school I have got my experience letter.

But now I want to apply for my higher study (phd) in abroad for which I have to verify my roles and duties + annual salary from school which should be mentioned by school either on experience letter or on reference letter, in order to complete my application. But my school's authority is not providing all these details and they are not even responding to my request.

Please suggest me what I need to do, otherwise my three years of experience will become useless.

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Prasad GLN
Posted (edited)

You have no options of using RTI Act, as private entities are beyond ambit of RTI Act.

Make a complaint to CBSE Board explaining your grievance and they have the powers to direct the school for providing the service certificate as requested by you.

After making complaint to CBSE, wait for a month and then issue legal notice through competent advocate demanding for such certificate

You can also go to court seeking such declaration but you can not afford the expenditure and further the process is time consuming.

Edited by Prasad GLN

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Anr

I want to know, whether legal notice help me in this or not. 

Will they respond to legal notice or not ??

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Deepak Dang
1 hour ago, Anr said:

I want to know, whether legal notice help me in this or not. 

Will they respond to legal notice or not ??

It cann't be guaranteed but no stone should be left unturned.

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