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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
| Table of Content |
|---|
| 1. challenge based on maintainability of industrial and gratuity claims. (Para 3 , 4) |
| 2. petitioner's arguments against categorization as 'industry' or 'establishment'. (Para 7 , 8 , 9) |
| 3. respondent's counterarguments for 'industry' status and claims for benefits. (Para 10 , 11 , 12) |
| 4. analysis of cooperative housing societies in relation to legal definitions. (Para 18 , 19 , 20 , 21 , 22) |
| 5. precedents affirming non-industry status for housing societies. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 6. definitions and implications of ‘establishment’ under relevant acts. (Para 30 , 31 , 32 , 33 , 34 , 35 , 36) |
| 7. clarification on the applicability of statutory benefits to society employees. (Para 37 , 38 , 39) |
| 8. conclusion on inapplicability of id and pg acts to the petitioner. (Para 40) |
| 9. final orders and dismissals of applications. (Para 41 , 42 , 43) |
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 form
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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