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S.C. Saxena Vs. State of U.P. and ors.

Court : Allahabad

Reported in : (2000)3UPLBEC1900

..... the state of maharashtra has notified, the maharashtra judicial officers of the courts of enquiry, labour courts and industrial courts under the bombay industrial relations act, 1946 (xi of 1947) recruitment, appointment and disciplinary action rules, 1999 on 14th september, 1999 to give effect to the decision of the apex court in the state of maharashtra v. ..... it was further pointed out that in a spate of writ petitions, this court has passed interim orders injuncting the presiding officers of the labour courts/industrial tribunals who were appointed without complying with the previsions of chapter vi of the constitution, from performing the functions and exercising their powers under the act. ..... industrial tribunals and the labour courts drawn from the cadres of the indian administrative service, labour service, state civil service (executive branch) and other departments, who have been appointed without complying with the provisions of chapter vi of the constitution of india, shall cease to function with immediate effect and their salary for the period 16th april, 2000 onwards shall not be charged and paid.10. ..... a direction was issued that no appointment, promotion or transfer of the presiding officers of labour courts, industrial courts, or industrial tribunals under the industrial disputes act, 1947 or the bombay industrial relations act, 1946 be made or ordered without complying with the provision of chapter vi of constitution of india.6. .....

Shivaji Ramsing Rajput and ors. Vs. Ravalgaon Sugar Farm Ltd. and ors.

Court : Mumbai

Reported in : [1995(70)FLR744]; (1996)ILLJ42Bom

..... though the learned judge of the industrial court did take a view that a case of unfair labour practice under item 5 of schedule iv of the act was made out, he appears to have dismissed the complaints on the ground that the petitioners being seasonal permanent employees were not employees under section 3(13) of the bombay relations act. ..... since it is not disputed that the first respondent is an industry covered by the provisions of the bombay industrial relations act and that the standing orders settled in accordance with chapter vii of the said act govern the industrial relations between the first respondent and its employees, it would be incongruous to suggest that the 'seasonal employees' within the meaning of the said certified standing orders would not be employees within the meaning of section 3(13) of the bombay industrial relations act. ..... the relevant facts required for disposal of this writ petition are : the first respondent is an industrial establishment covered by the bombay industrial relations act, 1946 and its employees are governed by a set of certified standing orders which are determinative of relations between the petitioners and the first respondent by virtue of section 40 of the provisions of the bombay industrial relations act, 1946. ..... 212 to 226 of 1984 under the provisions of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the act'). 2. .....

Chairman, Krushi Utpanna Bazar Samiti Vs. Bhaiyya S/O. Pundlikrao Koth ...

Court : Mumbai

Reported in : (1983)85BOMLR393

..... answer to this point which was held in favour of the respondents by the labour court depends upon the larger question as to whether or not the petitioners' establishment is governed by the bombay industrial relations act. ..... papers be forthwith sent back to the labour court for proceeding with the complaints. ..... the first labour court, nagpur, before whom ,the complaints were presented, came to the conclusion that the respondents had failed to prove the various unfair labour practices excepting about refusal of representation by a co- ..... respondents lodged a complaint under section 28 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 ('the act of 1971' for short) alleging various unfair labour practices mentioned in schedule iv of the act of 1971. ..... of the points which was hotly debated before me was whether the model standing orders framed under section 35(5) of the bombay industrial relations act, 1946 which in terms provide for an opportunity to be defended by operator working in the same department or by a representative under section 30 of the said act. ..... these preliminary findings were challenged by the management before the industrial court, nagpur, which by order dated october 13, 1982 maintained the preliminary ..... chapter v of the maharashtra agricultural produce marketing (regulation) rules, 1967, which according to the respondents governs the domestic enquiry is silent about representation and does not contain any such prohibition .....

Maharashtra Cylinders (Pvt.) Ltd. Vs. Ramesh and Others

Court : Mumbai Nagpur

..... the petitioner is an industry engaged in manufacturing of gas cylinders at kalmeshwar, district nagpur and the provisions of the bombay industrial relations act, 1946 are applicable and not chapter v-b of the industrial disputes act, 1947. 4. ..... moreover, para 10 of the impugned judgment of the industrial court, nagpur shows that exh.51a is a letter written by the petitioner herein to the assistant commissioner of labour, in which it is mentioned that, at the relevant time, the petitioner was having order of 2000 ..... court held that the petitioner herein committed the unfair labour practice while resorting to lay-off and not paying wages (vide item 9 schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act ..... learned industrial court has rightly held it proved that the petitioner had engaged in unfair labour practice under item 9, schedule iv of the mrtu and pulp act. ..... air 1962 sc 1533 to argue that it is not open for the industrial court to find out whether the management could have avoided the lay-off. ..... in the case in hand, it appears that the learned member of the industrial court, nagpur considered the fact that the oil companies suspended the license of the petitioner to ..... the petitioner has challenged the order, dt.7.8.2007 passed by the industrial court, nagpur in complaint (ulp) no.412 of 2004 whereby the complaint filed by the respondents was partly allowed and layoff declared by the petitioner was held illegal and full back wages .....

Chhotobhai Jethabhai Patel and Co. Vs. the Industrial Court, Maharasht ...

Court : Supreme Court of India

Reported in : AIR1972SC1268; 1972LabIC444; (1972)ILLJ657SC; (1972)2SCC46; [1972]3SCR731

..... the said respondent filed an application challenging the order of dismissal before the labour court under section 78 of the bombay industrial relations act, 1946, hereinafter referred to as the 'act', on the 5th august. ..... under section 2 of that act the bombay industrial relations act of 1946 as in force immediately before the commencement of the 1965 act in the bombay area of the state of maharashtra was extended to the rest of the state. ..... under section 41 the provisions of the industrial employment (standing orders) act, 1946 are not to apply to any industry to which the provisions of chapter vii of the act apply.6. ..... chapter ix deals with joint committees, chapter x with conciliation proceedings, chapter xi with arbitration and chapter xii with labour courts, their territorial juris diction, their powers, commencement of proceedings before the labour court etc. ..... the scheme of chapter viii seems to be that in regard to any 'change' in an industrial matter there must be compliance with the provisions of that chapter. ..... chapter vi deals with powers and duties of labour officer and chapter viii deals with standing orders. ..... it is not necessary to take note of other chapters excepting section 123 in chapter xiii which deals with the rule making power. ..... whether the legislature by inserting paragraph d in section 78(1) intended to chalk out a wholly different course of action to that prescribed in chapter viii dealing with changes. .....

National Textile Corporation (Maharashtra North) Ltd. and ors. Vs. S.M ...

Court : Mumbai

Reported in : 2000(2)ALLMR376; (2000)IIILLJ555Bom

..... bombay industrial relations act, 1946, governs the relationship between the employers and the employees engaged in this cotton textile industry ..... view that apart from the fact that the objective circumstances must exist, employer must comply with whatever are the necessary statutory requirements like section 25-p of the industrial disputes act, 1947 and thereafter when it comes to actual implementation at that stage a person who has completed the age of 60 years will have to be retrenched first in ..... as the technical and supervisory staff are concerned, their pay scales and service conditions were governed by the award of the industrial court in reference (1c) 91 of 1954 and as per the subsequent agreement arrived at between the representative union and the mill ..... wherein similar standing orders were under consideration and while dealing with the case of a foreman, the industrial court had referred to the salary structure and dearness allowance which was paid to the employees concerned who were ..... or by the employees concerned challenging the orders passed by the industrial court constituted under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (mrtu & pulp act, for short) on the complaints filed by these employees against these mill companies invoking items 1, 5, 9 and 10 of schedule iv of the said act. ..... chapter vii of this act, standing orders are required to be framed governing various industrial matters mentioned in schedule 1 to that act .....

Vijay K. Mehta and anr. Vs. Charu K. Mehta and ors.

Court : Mumbai

Reported in : 2008(5)ALLMR366; 2009(1)BomCR179

..... areas (improvement, clearance and redevelopment) act, 1971(iv) the orders passed under the industrial disputes act, 1948;(v) the orders made in applications under the bombay industrial relations act, 1946;(vi) the orders passed under the maharashtra restoration of lands to scheduled tribes act, 1974 (act xiv of 1975)(vii) the orders passed under the maharashtra co-operative societies act, 1960;(viii) the orders passed under chapter vi and vii of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971;(ix) the orders passed under ..... on the other hand, if similar order passed by the authority under provisions of bombay public trust act is challenged on the appellate side of the high court, by virtue of rule 18 of chapter 17 the same would proceed before the single judge. ..... to file his application under both these articles, in fairness and justice to such party and in order not to deprive him of the valuable right of appeal the court ought to treat the application as being made under article 226, and if in deciding the matter, in the final order the court gives ancillary directions which may pertain to article 227, this ought not to be held to deprive a party of the right of appeal under clause 15 of the letters .....

Rajya Parivhan Yantrik Kamgar Sanghatana Through Its Regional Secretar ...

Court : Mumbai

Reported in : 2010(1)MhLj948

..... the question for consideration in this appeal is : does a representative union under the bombay industrial relations act, 1946 (bir act) have the exclusive right to represent the employees of the concerned industry in complaints relating to unfair labour practices under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (m.r.t.u. ..... therefore, it should have been seen that the observations of the supreme court pertained only to industries governed by the bombay industrial relations act and not by the industrial disputes act. ..... act) other than those specified in items 2 and 6 of schedule iv thereof ?the supreme court after considering the relevant provisions of the bombay industrial relations act, industrial disputes act and m.r.t.u. ..... pertained to the question about a representative union in an industry governed by the bombay industrial relations act and not to an industry to which the provisions of the industrial disputes act apply. ..... shramik utkarsh sabha applied for being impleaded as a party-respondent and the supreme court held, having regard to the entire scheme of the bombay industrial relations act read with relevant provisions of the mrtu & pulp act, that only a representative union under the b.i.r. ..... chapter iii, which deals with the recognition of unions, states, in section 10(2), that its provisions do not apply to undertakings in industries to which the provisions of the b.i.r. .....

Maharashtra General Kamgar Union, Bombay Vs. Solid Containers Ltd. and ...

Court : Mumbai

Reported in : 1995(4)BomCR288; (1996)IILLJ959Bom; 1995(2)MhLj836

..... the question for consideration in this appeal is : does a representative union under the bombay industrial relations act, 1946 (bir act) have the exclusive right to represent the employees of the concerned industry in complaints relating to unfair labour practices under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (m. r. t. u. ..... ' the supreme court after considering the relevant provisions of the bombay industrial relations act, industrial disputes act and m. r. t. u. ..... can it be said that the labour court did give a finding that the employees indulged in acts of violence and acts of indiscipline when the labour court mentioned that the deposition of mr. ..... in the first place, there was no issue before the labour court in the earlier proceedings as to whether there were acts of violence of whether there were acts of indiscipline on the part of the employees. ..... since the labour court's attention was necessarily focused on the question as to whether the strike was legal or illegal and the evidence on that question alone was relevant in the proceedings before the labour court, the labour court could have, at best, accepted the testimony of mr. ..... ' powers of the industrial and labour courts are dealt with in chapter vii. .....

Hindalco Industries Ltd. Vs. Association of Engineering Workers

Court : Supreme Court of India

Reported in : AIR2008SC1867; 2008(3)ALLMR(SC)861; 2008(3)BomCR25; [2008(117)FLR891]; JT2008(4)SC211; (2008)IILLJ697SC; 2008(4)SCALE704; AIRSCW2618; 2008(2)Supreme760; (2008)13SCC441

..... the learned counsel pointed out that in the event we were to hold that it is only in clear cases or undisputed cases the labour court or the industrial tribunal under the act can examine the complaints made thereunder, the whole provision would be rendered otiose and in each of those cases provisions of the bombay industrial relations act, 1946 or the industrial disputes act will have to be invoked. ..... ida.1367-lab-ii, dated the 14th february, 1968, the government of maharashtra appointed a committee called 'the committee on unfair labour practices' for defining certain activities of employers and workers and their organizations which should be treated as unfair labour practices and for suggesting action which should be taken against employers or workers, or their organizations, for engaging in such unfair labour practices;and whereas, after taking into consideration the report of the committee the government ..... chapter-vi, section 26 speaks about unfair labour practices. ..... rajagopalan : (1963)iillj89sc to contend that even in cases arising under section 33c(2) of the industrial disputes act the scope, though very limited, certain incidental questions can be gone into like a claim for special allowance for operating adding machine which may not be based on the sastry award made under the provisions of chapter v-a. .....