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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V. MARNE
Apsara Co-operative Housing Society Ltd. – Appellant
Versus
Vijay Shankar Singh – Respondent
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 Establishment
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.
The management of a co-operative society includes the recovery of its assets, and disputes regarding such recovery fall within the jurisdiction of the Co-operative Court under Section 91 of the Mahar....
A Cooperative Society is not a Corporation established by or under a Central or State Act, thus it is subject to the provisions of the Maharashtra Rent Control Act.
The court found that religious institutions may qualify as 'industry' under the Industrial Disputes Act, leading to labor law protections for workers disputing unpaid entitlements despite management ....
Workmen of cooperative societies can raise industrial disputes under the U.P. Industrial Disputes Act, 1947, despite being governed by cooperative regulations.
The main legal point established in the judgment is that the dominant function of an entity, such as a non-trading corporation, determines its classification as an 'industry' under the Industrial Dis....
The central legal point established in the judgment is that the Maharashtra State Public Services (Reservation for Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Trib....
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