APSARA CO-OPERATIVE HOUSING SOCIETY LTD. vs VIJAY SHANKAR SINGH

Judgment text excerpt

2026:BHC-OS:41 Megha 3_wp_3908& 4146_2025_fc.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.3908 OF 2025 Apsara Co-operative Housing Society Ltd. ...Petitioner V/s. Vijay Shankar Singh ...Respondent WITH WRIT PETITION NO.4146 OF 2025 Apsara Co-operative Housing Society Ltd. ...Petitioner V/s. Vijay Shankar Singh ...Respondent ______________ Mr. Mahesh Shukla with Mr. Udaybhan Tiwari i/b. Mr. Niraj Prajapati for the Petitioner. Mr. Ashish G. Nagwekar for the Respondent. ______________ CORAM: SANDEEP V. MARNE, J. JUDGMENT RESERVED ON: 22 DECEMBER 2025. JUDGMENT PRONOUNCED ON: 05 JANUARY 2026. JUDGMENT: 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. Page No. 1 of 28 5 January 2026 Megha 3_wp_3908& 4146_2025_fc.docx ISSUES FOR DETERMINATION 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 Section 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 Section 2(j) of the