Remanded

Ms Som Vihar Housing Maintenance Co-Operative Society Ltd. v. Ramphal Son of Mr. Shiv Charan & Anr.

Delhi HC21 Mar 2025W.P.(C)/3551/2025

Case brief

AI extract

What is this about?

The Court remanded the matter to the Appellate Authority to reconsider the petitioner's status under the Payment of Gratuity Act, 1972, specifically directing them to address contentions referencing Som Vihar v. Workmen which held the society is not an 'industry'.

What did the court decide?

The matter is remanded to the Appellate Authority to determine the petitioner's status and the applicability of the Payment of Gratuity Act, 1972, ensuring contentions regarding 'industry' status are

Ms Som Vihar Housing Maintenance Co-Operative… — Pension and Retirement Benefits | Delhi HC (2025)

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$~128

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 3551/2025 C.M. APPL. 16588/2025

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MS SOM VIHAR HOUSING MAINTENANCE CO-OPERATIVE

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SOCIETY LTD .....Petitioner

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Through: Ms. Tanvi Malpani, Mr. Siddharth Dias, Mr. Mayank Das, Advocates. versus

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RAMPHAL SON OF MR. SHIV CHARAN & ANR.

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.....Respondents Through: Ms. Avni Singh, Advocate, Panel Counsel for GNCTD/R-2, Mr. Gaurav Mundra, Advocate.

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R

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% 21.03.2025

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This petition has been filed assailing the order dated 16^th December 2024 passed by Appellate Authority under the Payment of Gratuity Act, 1972 .

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By the impugned order, the appeal filed by appellant against the order of the Controlling Authority, dated 19^th December 2022 was disposed of, remanding the matter back to the Controlling Authority for continuing the proceedings, hearing both the sides and deciding the matter in accordance with law.

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A perusal of the order of 19^th December 2024, would bear out that upon receipt of the claim, the petitioner-management filed an application which was dismissed by Controlling Authority, dated 03^rd April 2022.

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/03/2025 at 14:07:12

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In para 13 of the said order, the Controlling Authority stated that petitioner society is an establishment as per the Payment of Gratuity Act, 1972.

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Counsel for petitioner states that that they had presented the decision of the Supreme Court in Som Vihar Apartment Owners' Housing Maintenance Society Ltd. v. Workmen (2002) 9 SCC 652, where it was held that the society in question was not considered as “ industry ” under the Payment of Gratuity Act, 1972.

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This aspect, according to counsel for petitioner, was ignored by Appellate Authority and the matter has been remanded back without considered the contentions of the petitioner society.

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The Appellate Authority in fact does not take into note, the said judgment.

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Accordingly, in the opinion of this Court, the matter is remanded back to the Appellate Authority, to determine and to pass a reasoned order, relating to the contentions of the petitioner, their status, and the applicability of the Payment of Gratuity Act, 1972 to the petitioner’s society.

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Accordingly, Appellate Authority may pass a reasoned decision in this regard.

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Needless to say, that either of the parties have rights to assail any such order by the Appellant Authority, in accordance with law.

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Petition is disposed of.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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MARCH 21, 2025/RK/ kp

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Ms Som Vihar Housing Maintenance Co-Operative Society Ltd. v. Ramphal Son of Mr. Shiv Charan & Anr.

Case brief

What is this about?

What did the court decide?

Ms Som Vihar Housing Maintenance Co-Operative Society Ltd. v. Ramphal Son of Mr. Shiv Charan & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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