:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO.1161 OF 2001 NO.1161 OF 2001 NO.1161 OF 2001 WITH WITH WITH NOTICE NOTICE NOTICE OF MOTION NO. 2956 OF 2000 OF MOTION NO. 2956 OF 2000 OF MOTION NO. 2956 OF 2000 WITH WITH WITH NOTICE NOTICE NOTICE OF MOTION NO. 3077 OF 2000 OF MOTION NO. 3077 OF 2000 OF MOTION NO. 3077 OF 2000 WITH WITH WITH CHAMBER CHAMBER CHAMBER SUMMONS NO.1223 OF 2000 SUMMONS NO.1223 OF 2000 SUMMONS NO.1223 OF 2000 IN IN IN WRIT WRIT WRIT PETITION NO. 1438 OF 2000 PETITION NO. 1438 OF 2000 PETITION NO. 1438 OF 2000 Gore Co-operative Housing Society ..Appellant V/s Gopal Mahadev Pawar & Ors. ..Respondents Mr.A.P. Shetty for the appellant Mr. N.M. Ganguli for respondents CORAM : D.K. DESHMUKH & A.A. SAYED JJ. DATE : 6TH JANUARY, 2009 P.C. 1. By this appeal the appellant challenges the order dated 17.7.2000, passed in Writ Petition No. 1438/2000, by a Single Judge of this Court dismissing the writ petition filed by the petitioner. That writ petition was directed against the Award dated 15.11.1999 passed by the Labour Court, Mumbai in Misc. Application (IDA) No. 107 of 1998. The applicant before the Labour Court was engaged as a :2: Liftman by the Society. A preliminary objection was raised on behalf of the Society that the Co-operative Housing Society is not an industry because the liftman was engaged for rendering personal services to the members of the society and that objection has been overruled and the Labour Court has held that the petitioner Cooperative Society is an industry. 2. We have heard the learned Counsel for both sides. We have perused the judgment of the Division Bench of this Court in the case of Shantaram Shantaram Shantaram Pandurang Pandurang Pandurang Jadhav & Ors V. Kiran Industrial Premises Jadhav & Ors V. Kiran Industrial Premises Jadhav & Ors V. Kiran Industrial Premises Co-operative Co-operative Co-operative Society Ltd. Society Ltd. Society Ltd., reported in 2007 III CLR 418 to which one of us (D.K. Deshmukh, J) is a party. In that judgment, two judgments of the Supreme Court are relied on where it has been held that when the employee is engaged by a Cooperative Housing Society for rendering personal service to the members the Cooperative Housing Society is not an industry. In view of the judgment relied upon by the appellant, the learned Single Judge was not justified in dismissing the petition in limine as the petition required to be heard finally. In our opinion therefore, the following order would meet the ends of :3: justice. ORDER ORDER ORDER (i). Order dated 17.7.2000 passed in Writ Petition No. 1438/2000 is hereby is set aside. Writ petition is admitted for final hearing. Interim order passed in Appeal shall continue to operate during the pendency of the writ petition. Appeal is disposed of. (ii). The parties are at liberty to apply for modification of the interim order before the learned Single Judge. (iii) Notice of Motion Nos. 2956/2000 and 3077/2000 are disposed of. (iv) Chamber Summons No. 1223/2000 is disposed of. (D.K. (D.K. (D.K. DESHMUKH, J.) DESHMUKH, J.) DESHMUKH, J.) :4: (A.A. (A.A. (A.A. SAYED, J.) SAYED, J.) SAYED, J.)