Case: Management of Som Vihar Apartment Owners Housing Maintenance Society Limited Vs. Workmen C/O. Indian Engineering and General Mazdoor

An award was made by the Industrial Tribunal, Tis Hazari on a reference made to it on following question :"Whether the workmen are entitled to Dearness Allowance, House Rent Allowance, Conveyance Allowance and Uniforms and if so, to what extent and from which date directions are necessary in this respect"?The appellant raised an objection that the reference is beyond the jurisdiction of the Tribunal inasmuch as the appellant is not an industry and the workmen on whose behalf the respondents are espousing their cause are not workmen under the Industrial Disputes Act and, therefore, the reference is bad. Dealing with this aspect of the matter the Tribunal came to the conclusion placing reliance on the decision of this Court in Bangalore Water SupplySewerage Board v. R. RajappaOrs. 1978 SC 260 :, and distinguishing the decision in T. K. Ramesan v. A. O. Thomas, Secretary, Maintenance Committee, 1995 Lab. I.C. Lab 813 held that the housing society in this case is an industry and its employees are workmen under the Industrial Disputes Act and proceeding further the Tribunal rejected the various claims raised on behalf of the respondents except in relation to the one relating to uniform and that relief was granted.

Reasoning: Indeed this Court in Rajappas case (supra) noticed the distinction between such classes of workmen as domestic servants who render personal service to their masters from those covered by the definition 2(j) of the Industrial Disputes Act. It is made clear if literally interpreted these words are of very wide amplitude and it cannot be suggested that in its sweep it is intended to include service however rendered in whatsoever capacity and for whatsoever reason. In that context it was said that it should not be understood that all services and callings would come within the purview of the definition; service rendered by a domestic servant purely in a personal or domestic matter or even in a casual way would fall outside the definition. That is how this Court dealt with this aspect of the matter. The whole purpose of the Industrial Disputes Act is to focus on resolution of industrial disputes and the regulation will not meddle with every little carpenter or a blacksmith, a cobbler or a cycle repairer who come outside the idea of industry and industrial dispute. This rationale which applies all along the line to small professions like that of domestic servants would apply to those who are engaged by a group of flat owners for rendering personal services even if that group is not amorphous but crystallised into an Association or a society. The decision in Rajappas case (supra) if correctly understood is not an authority for the proposition that domestic servants are also to be treated to be workmen even when they carry on work in respect of one or many masters. It is clear 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, we do not think its activity should be treated as an industry nor are they workmen. In this view of the matter so far as the appellant is concerned it must be held not to be "industry". Therefore, the award made by the Tribunal cannot be sustained. The same shall stand set aside.However, Mr. Kailash Vasdev, learned senior advocate for the appellant submitted that the benefit arising out of the award made by the Tribunal to the extent of providing the uniform to the employees is concerned this Court need not interfere.