JUDGMENT :

1. Rule returnable forthwith. Learned advocate Mr. Shrijit Pillai waives service of notice of rule on behalf of respondent-workman.

2. With the consent of the learned advocates for the parties, the matter is taken up for final hearing.

3. The petitioner- a Non-trading Corporation has filed this petition challenging the award of Labour Court, Bhavnagar dated 17.02.2021 in Reference (LCB) No. 37 of 2007, wherein the petitioner has been directed to reinstate the respondent- workman to his original post with continuity and with 10% back wages.

4. The brief facts referred in the petition are as under: -

4.1 Adinath owners Association- a non-trading corporation, registered under the provisions of Bombay Non-trading Corporation Act was constituted for the convenience of its members, who are flat owners of Shalibhadra Apartment. The said non-trading corporation was constituted for providing common amenities like light, water, cleanliness and other maintenance purposes. There are 32 flats owners in Shalibhadra Apartment. The non-trading corporation is not carrying out any activity of trade, business or commerce and the residents of the Apartments are the members of the petitioner. It