Hindu Inter College Vs. Prescribed Authority (Minimum Wages Act, 1948) and ors.

- indian penal code, 1860 [c.a. no. 45/1860]. section 302; [m.c. jain, r.c. deepak & k.k. misra, jj] murder plea as to accused being minor school register and transfer certificate not proved before court according to law held, it has to be ignored and question of age is to be determined on other evidence and circumstances surfacing on record. age determined on the basis of x-ray plates and report prepared by c.m.o., is the correct age of accused. accused was declared to be child on the date of commission of offence of murder. however, considering fact that now accused was around 41 years, he cannot be sent to approved school. accused was directed to pay fine of rs.25,000/- under section 302 i.p.c., amount of fine was directed to be paid as compensation to wife of deceased. mohammadm. katju, a.c.j., sunil ambwani and k.n. ojha, jj.1. heard sri p.k. jain, learned counsel for the petitioner and sri k.p. agarwal, learned counsel for respondent no. 2.2. this reference to the full bench has been made in view of the order of the learned single judge dated 27.4.2001 in which the learned single judge has noted the conflict of opinion of two division bench decisions of this court.3. the short question is whether a teacher in a private educational institution is governed by the minimum wages act. this controversy is no longer res integra after the decision of the supreme court in haryana unrecognized schools' association v. state of haryana : 1996 (73) flr 1086 (sc).4. following the said decision we hold that the minimum wages act does not apply to a teacher in a private educational institution. the petition is consequently allowed and the impugned orders dated 11.5.2000 and 30.5.2000 annexures-7 and 9 to the writ petition are quashed.