YOUNGMENS CHRISTIAN ASSOCIATION REGISTERED UNDER THE INDIAN SOCIETIES REGISTRATION ACT Vs. PRESIDING OFFICER LABOUR COURT TRICHY

JUDGEMENT

(1.) THE petitioner in both the writ petitions is the same party namely THE Youngmen's Christian Association at Tiruchirapalli. THEy came forward to challenge the two awards passed by the first respondent Labour Court in I.D.Nos.397/95 and 400/95 in these two writ petitions respectively.

(2.) PENDING the writ petitions, this Court granted interim relief including the deposit of certain amounts to the credit of the IDs before the Labour Court.

(3.) THE only contention raised by the management before the Labour Court was that the petitioner organisation will not come within the meaning of industry in terms of Sec.2(j) of the Industrial Disputes Act, and it is a charitable and philanthropic organisation. Before the Labour Court, the President of the petitioner association who deposed as MW1, was cross-examined. In his cross-examination, it was elicited that the shops let out by them, were used for commercial purposes, and in the hostel run by them, there are 55 occupants with 28 rooms, and the Inspector of Labour has prosecuted them for not maintaining the records as per the labour enactment, and they are also getting rents for the rooms let out, and even for the ambulance, rent was collected for its usage.