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MAUNA M. BHATT
Shalibhadra Adinath Enterprise And Shalibhadra Apartment Through Member – Appellant
Versus
Kanan Maruday Padaram – Respondent
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
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 judgment establishes the obligation to comply with the Inspector of Labour's order under the Act and the application of the Act to the Corporation and its employees.
The definition of 'Industry' includes entities engaging in systematic activities with employer-employee relations, irrespective of the profit motive, as determined under the Industrial Disputes Act.
Point of Law : When termination of services is under Section 25FF of ID Act, there is no question of requirement of misconduct on part of workmen or issuance of a charge sheet or disciplinary enquiry....
The Labour Court erred in not adjudicating on the employee's status as a workman, leading to an incorrect ruling on the legality of the resignation and entitlement to reinstatement.
The court affirmed that the Dharmarth Trust operates as an industry under the Industrial Disputes Act, acknowledging employee rights and obligations.
The court upheld the Labour Court's award of minimum wages and compensation for wrongful termination, asserting the need for procedural adherence under the Industrial Disputes Act.
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