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Start Free TrialBombay Industrial Relations Act, 1946, (Maharashtra) Section 83
Title: Powers and Procedure of Labour Courts in Trials
State: Maharashtra
Year: 1946
.....Procedure, 1973, (II of 1974) of a Metropolitan Magistrate in a metropolitan area and a Judicial Magistrate of the first class elsewhere,] and in the trial of every such offence shall follow the procedure laid down in2[Chapter XXI] of the said Code for a summary trial3* * * * ; and the rest of the provisions of the said Code shall, so far as may be, apply to such trial. _____________________ 1. These words, and figures were substituted for the words, figures and letters "under the Code of Criminal Procedure, 1898, of a Presidency Magistrate in Greater Bombay and a Magistrate of the First Class elsewhere Mah. 47 of 1977, s. 7(1). 2. This word and figures were substituted for the word and figures "Chapter XXII" "under the Code of Criminal Procedure, 1898, of a Presidency Magistrate in Greater Bombay and a Magistrate of the First Class elsewhere Mah. 47 of 1977, s. 7(2). 3. These words were deleted by "Chapter XXII" "under the Code of Criminal Procedure, 1898, of a Presidency Magistrate in Greater Bombay and a Magistrate of the First Class elsewhere Mah. 47 of 1977, s. 7(3).
View Complete Act List Judgments citing this sectionBombay Industrial Relations Act, 1946, (Maharashtra) Section 86CC
Title: Reference to Wage Board by Certain Registered Unions
State: Maharashtra
Year: 1946
.....provision of this Act,2[an employer or] a registered union which is a representative of employees and which is also an approved union may refer any industrial dispute of the nature mentioned in sub-section (1) of section 86C other than a dispute in respect of bonus, to a Wage Board for decisions: Provided that no such dispute shall be referred to the Wage Board by the union,- (i) after two months from the date of the completion of the proceedings before the Conciliator; 3[(ii) where the registered union or the employer, as the case may be, has offered in writing before the Conciliator to submit the dispute to arbitration under this Act and the employer or the Union, as the case may be, has not agreed to do so;] (iii) unless the dispute is first submitted to the Conciliator and the conciliation proceedings are completed or the Conciliator certifies that the dispute is not capable of being settled by conciliation]. _____________________ 1 . This section was inserted by Bom. 63 of 1953, s. 20 2 . These words were inserted by Mah. 22 of 1965, s. 36(a). 3 . This clause was substituted, Mah. 22 of 1965, s. 36(b).
View Complete Act List Judgments citing this sectionBombay Industrial Relations Act, 1946, (Maharashtra) Section 86H
Title: Parties on Whom Order or Decision or Wage Board is Binding
State: Maharashtra
Year: 1946
Subject to the provisions of sections 86F and 86G, an order or decision of a Wage Board shall be binding on- 1[(a) all parties to the industrial dispute;] (b) all parties who were summoned to appear as parties to the proceeding whether they appeared or not; (c) all the employers and employees in the concern or occupation or industry in the local area according as the order or reference under sub-section (1) of section 86C directs irrespective of whether they were such employers or employees at the time of the making or giving of such order or decision, or whether they became such afterwards. _____________________ 1. This clause was substituted by Mah. 22 of 1965, s. 37.
View Complete Act List Judgments citing this sectionBombay Industrial Relations Act, 1946, (Maharashtra) Section 86G
Title: Appeals
State: Maharashtra
Year: 1946
(1) An appeal shall lie to the Industrial Court against an order or decision of a Wage Board (including reviewed order or decision), save in cases1[where the order is made or decision is given by the Board unanimously and in cases] referred to in section 86F. (2) Such appeal shall be made within six weeks from the date of the order of decision. _____________________ 1. These words were inserted by Mah. 36 of 1966, s. 2.
View Complete Act List Judgments citing this sectionBombay Industrial Relations Act, 1946, (Maharashtra) Section 86F
Title: Procedure to Give Effect to Decision of Wage Board Affecting State Government
State: Maharashtra
Year: 1946
.....of a resolution under the proviso to sub-section (2), unless the decision is rejected thereby, the1[State] Government shall, by order in writing, declare the decision as confirmed or modified by the resolution, as the case may be, to be binding. 3[(4) A decision declared to be binding under sub-section (2) or (3) shall come into operation on such date as may be specified in the order of declaration made by the1[State] Government.] _____________________ 1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 2. This word was substituted for the word "Province", the Adaptation of Laws Order, 1950. 3. This sub-section was added by Bom. 74 of 1948, s. 17.
View Complete Act List Judgments citing this sectionBombay Industrial Relations Act, 1946, (Maharashtra) Section 86EE
Title: Coming into Operation of Decision of Wage Board Affecting
State: Maharashtra
Year: 1946
1[86EE. Coming into operation of decision of Wage Board Save as provided in section 86-F, a decision of the Wage Board shall come into operation on the date specified in the decision and where no such date is specified therein on the date on which it is published in the prescribed manner.] _____________________ 1. This section was inserted by Bom. 74 of 1948, s. 16.
View Complete Act List Judgments citing this sectionBombay Industrial Relations Act, 1946, (Maharashtra) Section 86E
Title: Procedure Before Wage Boards
State: Maharashtra
Year: 1946
A Wage Board shall, in respect of an industrial matter or industrial dispute referred to it for decision, subject to any rules of procedure which may be prescribed, follow the same procedure as the Industrial Court in respect of arbitration proceedings before it. In particular the rules of procedure which may be prescribed in this behalf may provide for the formation of committees for local areas from amongst members of the Wage Board with Co-option of such other persons from the local areas as the Wage Board would for the purpose of any reference think fit to appoint to the committees and the exercise by each such committee of the jurisdiction and powers vested in the Wage Board in respect of such Industrial matters or industrial disputes as are referred by the Wage Board to the Committee.
View Complete Act List Judgments citing this sectionBombay Industrial Relations Act, 1946, (Maharashtra) Section 86D
Title: Proceedings Not to Be Commenced or Continued Before Conciliator Board, Etc
State: Maharashtra
Year: 1946
Notwithstanding anything contained in any other provision of this Act, where an industrial matter or industrial dispute is referred for decision to a Wage Board under section 86C,1[or 86CC] no proceedings regarding the same shall be commenced before a Conciliator, Board, Labour Court or the Industrial Court or a Court of Enquiry; and any such proceedings already commenced shall be forthwith stayed on the making of the reference. _____________________ 1. The word, figures and letters were inserted by Bom. 63 of 1953 s. 22.
View Complete Act List Judgments citing this sectionBombay Industrial Relations Act, 1946, (Maharashtra) Section 86C
Title: Reference to Wage Boards
State: Maharashtra
Year: 1946
(1) Notwithstanding anything contained in any other provision of this Act, the1[State] Government may, by an order notified in the Official Gazette,refer to a Wage Board for decision on any industrial matter or industrial dispute regarding items numbered, 1,2,4,9 and 10 in Schedule II, and such other industrial matters or disputes as may be prescribed. (2) The order of reference under sub-section (1) shall specify which employers and employees (including representative of employees if any, and association of employers, if any) shall be parties to the proceedings before the Wage Board. ____________________________ 1. This word was substituted for the word "provincial" by the Adaptation of Laws Order, 1950.
View Complete Act List Judgments citing this sectionBombay Industrial Relations Act, 1946, (Maharashtra) Section 86J
Title: Superintendence by Industrial Court
State: Maharashtra
Year: 1946
The Industrial Court shall have superintendence over all Wage Boards and may - (a) call for returns from such Boards; (b) make and issue general rules, and lay down forms for regulating the practice and procedure of such Board in matters not expressly provided for by or under this Act, and in particular, for securing expenditure disposal of cases; (c) lay down the forms in which books, entries and accounts shall be kept by officers or Wage Boards; (d) settle fees for processes issued by Wage Boards;
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