P.K.Samanta, J. - (1.) The applicability of Section 2(j) of the Industrial Disputes Act, 1947 in respect of a Flat Owner's Society in a building or in other words the employees engaged by such society namely electrician, durwan, liftman, sweeper etc. for providing services to the flat owners are whether workmen under the said society within the ambit of the said Act are the questions raised in this writ petition.
(2.) The Respondent No. 1 is the Co-operative Society Building Worker's Union. The Respondent Nos. 2 to 7 are the employees under the petitioner/society which is a society registered under Societies Registration Act formed by the occupants of premises No. 12-B Lord Sinha Road, Calcutta - 700 071. The Respondent No. 7 is the tribunal which made the impugned award dated July 31, 1987 in case No. VIII-289/1983 upon reference of the Dispute by the State of West Bengal under Section 10 of the said Act. The State of the West Bengal is the Respondent No. 8.
(3.) There is no dispute that the respondent Nos. 2 to 7 are under employment of the petitioner society either as Liftman or as Durwan or Electrician or Sweeper. Disputes broadly related to the fixation of grades and scales of pay for each class of employees, annual leave, duty hours and uniforms of the employees.;