APSARA CO-OPERATIVE HOUSING SOCIETY LIMITED Vs. VIJAY SHANKAR SINGH

JUDGEMENT

(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.

(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 Sec. 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 Sec. 2(j) of the ID Act nor an 'establishment' within the meaning of Sec. 2(4) of the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 (the Maharashtra Shops Act). According to the Petitioner, the Labour Court and Controlling Authority do not have jurisdiction to entertain any proceedings against the Petitioner. With this grievance, the present Petitions are filed.