1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.404 OF 2009 IN WRIT PETITION NO.929 OF 2009 WITH NOTICE OF MOTION NO.3693 OF 2009 The Mahalaxmi Co-operative Housing Society Ltd. ..Appellant V/s. Angoori Dilip Singh & ors ..Respondents Mr.R.V.Paranjpe, Advocate, for the appellant Mr.P.M.Patel, Advocate, for respondent Nos.1 & 2 None for respondent No.3 CORAM : P.B.MAJMUDAR & R.C.CHAVAN, JJ. DATE : 23RD NOVEMBER, 2009 P.C. . This Appeal is directed against the Judgment and Order passed by the Learned Single Judge dated 17th June, 2009, by which the Writ Petition No.929 of 2009 filed by the present appellant is dismissed by the learned Single Judge. Before the Learned Single Judge, it was submitted by the appellant that it is not an industry but it is Co-operative Society. The Learned Single Judge has considered this aspect and has observed that 2 from the activities of the Society and considering the evidence on record the Labour Court has rightly found that the appellant is an industry. The Learned Single Judge has further found that the said findings are based on the factual aspect of the matter . The other point which was argued before the learned Single Judge was that the job rendered by the respondents is only incidental to and not connected with the main activity of the Society. In this behalf, it is required to be noted that the respondents are engaged by the appellant to maintain the premises for which purpose the services of the Sweepers are generally taken. The Learned Single Judge has considered the documents which are in the shape of balance sheet and receipts issued by the petitioner itself. Going through the said documents, it is clear that the society is also doing business in letting out its premises by taking appropriate charges for marriage hall and is also running a ration 3 shop, the same therefore, would indicate that the petitioner is an industry. The Learned Single Judge also found that the Lower Court after considering the factual aspect of the matter came to the conclusion that the respondents were engaged by the appellant- Society. The Learned Single Judge, has rightly not interfered with the said finding in Writ jurisdiction. We are in a complete Agreement with a view taken by the Learned Single Judge and we do not find any infirmity in the said Order. Hence, the Appeal is dismissed. 2. In view of the above, Notice of Motion for stay does not survive and the same is disposed of accordingly. ( R.C.CHAVAN, J.) ( P.B.MAJMUDAR, J. )