Cooperative housing societies are neither classified as 'industries' under the ID Act nor 'establishments' under the PG Act due to their focus on maintenance without systematic commercial activity.

SANDEEP V. MARNE, J.

1) Rule. Rule made returnable forthwith. Respondent has appeared and has filed Affidavits-in Reply. He waives service of Rule. With the consent of the learned counsel appearing for parties, the Petitions are taken up for hearing and disposal.

ISSUES FOR DETERMINATION

2) Whether a housing society formed by flat owners for collective management of the building is an ‘industry’ for maintainability of proceedings before Labour Court under the Industrial Disputes Act, 1947 or an ‘establishment’ for maintainability of proceedings before the Controlling Authority under the Payment of Gratuity Act, 1971 are the issues which this Court is tasked upon to determine in these Petitions.

3) Petitioner is a cooperative housing society and questions maintainability of proceedings filed by its ex-Manager for payment of dues under Section 33 -C(2) of the Industrial Disputes Act, 1947 (the ID Act) and for payment of gratuity under the Payment of Gratuity Act, 1971 (the PG Act ). According to the Petitioner it is neither an ‘industry’ within the meaning of Section 2 (j) of the ID Act nor an ‘establishment’ within the meaning of (4) of the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 (the Maharashtra Shops Act). According to the Petitioner, the Labour Court and Controlling Authority do not have jurisdiction to entertain any proceedings against the Petitioner. With this grievance, the present Petitions are filed.

THE CHALLENGE

4) These two Petitions challenge the orders dated 17 January 2024 passed by the Presiding Officer, 10^th Labour Court, Mumbai, who is also Controlling Authority under the PG Act . Writ Petition No.3908 of 2025 challenges order passed on Application at Exh. C-4 filed by Petitioner in Application ( IDA ) No.111 of 2023, by which the Labour Court has rejected its prayer for dismissal of the proceedings filed under Section 33 -C(2) of the ID Act. In Writ Petition No.4146 of 2025, Petitioner has challenged order dated 17 January 2024 passed by the Controlling Authority under the PG Act rejecting its application below Exh. C-4 seeking dismissal of Application (PGA) No.186 of 2023 filed by the Respondent for payment of gratuity.

FACTS

5) Petitioner is a cooperative housing society registered under the provisions of Maharashtra Co-operative Societies Act, 1960 (MCS Act). The Respondent was working with the Petitioner as a Building Manager, who was appointed vide letter of appointment dated 5 August 2013. His services have been terminated by the Petitioner-Society vide letter dated 15 October 2022. The Respondent submitted Application in Form I claiming gratuity of Rs.4,67,308/- on 17 May 2023. He filed Application (PGA) No.186 of 2023 before the Controlling Authority seeking payment of gratuity of Rs.4,67,308/- together with interest. The Respondent also filed Application ( IDA ) No.111 of 2023 before 10^th Labour Court under the provisions of Section 33 -C(2) of the ID Act claiming total amount of Rs.3,87,000/- being bonus and leave wages for the years 2020-21, 2021-22 and 2022- 23.

6) Upon receipt of no