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2001 Supreme(SC) 356

S.N.PHUKAN, S.RAJENDRA BABU
Management Of Som Vihar Apartment Owners Housing Maintenance Society – Appellant
Versus
Workmen C/o. Indian Engineering And General Mazdoor – Respondent


ORDER

An award was made by the Industrial Tribunal, Tis Hazari on a reference made to it on following question :

"Whether the workmen are entitled to Dearness Allowance, House Rent Allowance, Conveyance Allowance and Uniforms and if so, to what extent and from which date directions are necessary in this respect"?

2. The appellant raised an objection that the reference is beyond the jurisdiction of the Tribunal inasmuch as the appellant is not an industry and the workmen on whose behalf the respondents are espousing their cause are not workmen under the Industrial Disputes Act and, therefore, the reference is bad. Dealing with this aspect of the matter the Tribunal came to the conclusion placing reliance on the decision of this Court in Bangalore Water Supply & Sewerage Board v. R. Rajappa & Ors.1, and distinguishing the decision in T.K. Ramesan v. A.O. Thomas, Secretary, Maintenance Committee2 held that the housing society in this case is an industry and its employees are workmen under the Industrial Disputes Act and proceeding further the Tribunal rejected the various claims raised on behalf of the respondents except in relation to the one relating to uniform and that relief was








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