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2004 Supreme(SC) 142

Supreme Court Of India
SHIVARAJ V.PATIL,D.M.DHARMADHIKARI
Manjur - Appellant
Versus
Shyam Kunj Occupants Society - Respondent
Civil A. No. 7502 of 2002
Decided On : 02/04/2004

Advocates Appeared:
.

Headnote:

Industrial Disputes Act, 1947, Sections 2(j) and 2(s) - Housing Co-operating Society whether Industry- Impugned Judgment relied on the decision in Som Vihar Apartment v. Workmen. 2002 AIR SCW 2746- The same not interfered- The request for direction to give minimum wages and for other reliefs, not accepted, being outside the purview of the appeal [Paras 1 and 2 ]

Judgement

JUDGMENT :- Having heard learned counsel for the parties on either side we cannot find fault with the impugned judgment inasmuch as, in the impugned judgment, judgment of this Court in Som Vihar Apartment Owners Housing Maintenance Society Ltd. v. Workmen c/o Indian Engg. and Genl. Mazdoor ((2002) 9 SCC 652) is relied on and followed. Learned counsel for the appellants tried to make some distinction to contend that the decision of this Court afore-mentioned is not applicable to the facts of the present case. We find it difficult to agree. This being the position, we do not find any merit in the appeal. Consequently, it is dismissed. No costs.

2. At this stage, the learned counsel for the appellants submitted that the appellants have made an application, i.e., I.A. No. 3, for direction to give minimum wages and for other reliefs. Since this is outside the purview of this appeal, it will not be possible for us to give any direction in this application. Hence, I.A. No. 3 is dismissed.

AIR 2002 SC 2530 : 2002 AIR SCW 2746 : 2002 Lab IC 2468

However, we make it clear that the dismissal of this I. A. does not preclude the appellants from making a proper application, if entitled to, in regard to the reliefs sought for in this application before an appropriate authority in accordance with law.

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