Friends,
Bombay High Court has held that cooperative housing society is not an industry within the meaning of Industrial Disputes Act:
Co-Operative Society Is Not An ‘Industry’ Within The Meaning Of Industrial Disputes Act: Bombay HC [Read Judgment] | Live Law
Thanks
From India, Malappuram
1444Bombay High Court has held that cooperative housing society is not an industry within the meaning of Industrial Disputes Act:
Co-Operative Society Is Not An ‘Industry’ Within The Meaning Of Industrial Disputes Act: Bombay HC [Read Judgment] | Live Law
Thanks
From India, Malappuram
The Hon’ble Supreme Court, in the case of ‘Management of Som Vihar Apartment Owners Housing Maintenance Society Ltd. v. Workmen C/o Indian Engineering And General Mazdoor,(2) while considering the applicability of Industrial Disputes Act, 1947 to the Apartment Owners Housing Society formed by the Apartment Owners, has held that when personal services are rendered to the Members of a Society and that Society is constituted only for the purposes of those Members to engage the services of such employees, its activity should not be treated as an industry nor are they workmen. In that context, it is held that the Apartment Owners Housing Maintenance Society is not an industry.
There have earlier rulings similar to the Bombay HC ruling.
CHS does not become an industry, even if some repair work of waterlines.electrical line etc are being done by workers.
From India, Pune
There have earlier rulings similar to the Bombay HC ruling.
CHS does not become an industry, even if some repair work of waterlines.electrical line etc are being done by workers.
From India, Pune
Hi
Whether an aggrieved workman of co-operative society can take remedy under the Industrial Disputes Act depends on the provisions of the Co-operative Societies Act of the respective States.
In the case of Smt. K.A. Annamma ….Appellant(s) VERSUS The Secretary, Cochin Co-operative Hospital Society Ltd. …Respondent(s) The Hon’ble Supreme Court has held while disposing the Civil Appeal No. 197 OF 2018 (Arising out of S.L.P.(C) No.29765 of 2016) as follows (Para 104. 105 and 106 of the Judgement)
104. We also hold that it is the choice of the Employee concerned to choose any one forum out of the two forums available to him/her under the two Acts (the KCS Act and the I.D. Act) to get his/her service dispute decided. It is, however, subject to satisfying the test laid down under the ID Act that the employee concerned is a “workman”, the dispute raised by him/her is an “industrial dispute” and the Co-operative Society (Employer) is an “Industry” as defined under the ID Act.
105. In the light of the aforesaid finding, all those cases, which have taken contrary view, stand overruled.
106. As a result of our conclusion, in our view, the Labour Court in this case was competent to decide the service dispute raised by the Employee (appellant herein) under the ID Act. The case is accordingly remanded to the writ Court to decide the respondent’s writ petition for examining the legality and correctness of the award of the Labour Court on merits in accordance with law.
A copy of the Judgement is attached herewith.
Regards
P.S.Lakshmanan
S. G. Management Services
Labour Law Compliance specialist
P F, ESI, P Tax, Benefit Management and
POSH COMPLIANCE (PAN INDIA)
Kolkata
From India, Kolkata
Whether an aggrieved workman of co-operative society can take remedy under the Industrial Disputes Act depends on the provisions of the Co-operative Societies Act of the respective States.
In the case of Smt. K.A. Annamma ….Appellant(s) VERSUS The Secretary, Cochin Co-operative Hospital Society Ltd. …Respondent(s) The Hon’ble Supreme Court has held while disposing the Civil Appeal No. 197 OF 2018 (Arising out of S.L.P.(C) No.29765 of 2016) as follows (Para 104. 105 and 106 of the Judgement)
104. We also hold that it is the choice of the Employee concerned to choose any one forum out of the two forums available to him/her under the two Acts (the KCS Act and the I.D. Act) to get his/her service dispute decided. It is, however, subject to satisfying the test laid down under the ID Act that the employee concerned is a “workman”, the dispute raised by him/her is an “industrial dispute” and the Co-operative Society (Employer) is an “Industry” as defined under the ID Act.
105. In the light of the aforesaid finding, all those cases, which have taken contrary view, stand overruled.
106. As a result of our conclusion, in our view, the Labour Court in this case was competent to decide the service dispute raised by the Employee (appellant herein) under the ID Act. The case is accordingly remanded to the writ Court to decide the respondent’s writ petition for examining the legality and correctness of the award of the Labour Court on merits in accordance with law.
A copy of the Judgement is attached herewith.
Regards
P.S.Lakshmanan
S. G. Management Services
Labour Law Compliance specialist
P F, ESI, P Tax, Benefit Management and
POSH COMPLIANCE (PAN INDIA)
Kolkata
From India, Kolkata
Dear Nathrao Sir,
With due respect to you May I request you to Share the Soft Copy of Below Judgment
The Hon’ble Supreme Court, in the case of ‘Management of Som Vihar Apartment Owners Housing Maintenance Society Ltd. v. Workmen C/o Indian Engineering And General Mazdoor,(2). And OR give the Journal name where it is reported to enable to take the copy from HC Libarary.
Kindly revert.
Regards,
From India, Mumbai
With due respect to you May I request you to Share the Soft Copy of Below Judgment
The Hon’ble Supreme Court, in the case of ‘Management of Som Vihar Apartment Owners Housing Maintenance Society Ltd. v. Workmen C/o Indian Engineering And General Mazdoor,(2). And OR give the Journal name where it is reported to enable to take the copy from HC Libarary.
Kindly revert.
Regards,
From India, Mumbai
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