Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 11 recognition of undertakings and occupations Page 1 of about 376 results (0.569 seconds)

Sahakari Bank Karmachari Sangh Vs. the District Deputy Registrar, Co ...

Court : Mumbai

Reported in : 2008(4)BomCR569; (2008)110BOMLR1913; 2008(6)MhLj118

..... the seats so reserved shall be filled by selection made by the union or unions recognized under the bombay industrial relations act, 1946 (bom.xi of 1947) or the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (mah. ..... to the result of this case because as stated by this court in bank karmachari sangh's case (supra), the membership criterion for representative union under section 13 is membership of not less than 25% of the total number of employees employed in any industry and not in any industrial undertaking in the industry and as long as this criterion is fulfilled the representative union is entitled to act on behalf of all employees in the industry as the representative union irrespective of individual memberships of employees in individual undertakings and mushrooming of unions is to be discouraged to ensure healthy collective bargaining. ..... section 3(19) defines 'industry' to mean (a) any business, trade, manufacture or undertaking or calling of employers; (b) any calling, service, employment, handicraft or industrial occupation or avocation of employees and includes categories stated therein. ..... under section 11 the registrar can recognize any concern in an industry to be an undertaking or any section of an undertaking to be an occupation. .....

Labour Law Practitioner's Association and Anr. Vs. State of Maharashtr ...

Court : Mumbai

Reported in : [1979(39)FLR89]

..... it is undoubtedly true that the application of article 234 of the constitution of india was deleted from the provisions of section 9 of the bombay industrial relations act by an amendment but it cannot be lost sight of that the legislature retained the application of article 234 of the constitution to the appointment of labour courts which are constituted under the maharashtra recognition of trade unions and prevention of unfair labour practices act. mr. ..... 1 in the industrial disputes act, 1947 and in the bombay industrial relations act, 1946, the state government felt that it was open for the government to appoint assistant commissioner of labour working under the state government for a period in excess of five years and holding a law degree to this office of the labour courts. ..... 1 claimed that the amendments were carried out in the bombay industrial relations act and the industrial disputes act to facilitate the smooth working of those courts and appointments of those posts are not required to be made in consultation with the maharashtra public service commission or with the high court of the state. ..... the labour courts are constituted under the industrial disputes act, 1947 and the bombay industrial relations act, 1946 and that under the industrial disputes act, labour courts are constituted under section 7 for adjudication of industrial dispute relating to any matter specified in second schedule of the act and for performing such work as may be assigned to them under the act. .....

Central India Agencies, Calcutta Vs. Laxminath Brijkishore and anr.

Court : Mumbai

Reported in : AIR1968Bom222; (1968)ILLJ616Bom; 1967MhLJ937

..... section 123a, which was added to the bombay industrial relations act, 1946, by the maharashtra act 22 of 1965, is in the following words : '123a. ..... 123a as added to the bombay industrial relations act, 1946, by the maharashtra act 22 of 1965, and, therefore, the application was liable to be dismissed. ..... it was then being submitted that the maharashtra act 22 of 1985, which had made the bombay industrial relations act, 1946 applicable to this area, should be deemed to be retrospective in operation, so as to require the respondent to file his application for reinstatement and back-wages under the new act. ..... 16 of the central provinces and berar industrial disputes settlement act, 1947, are in irreconcilable conflict with the body of the bombay industrial relations act, 1946, particularly with s. ..... the petitioner filed its preliminary objections to the maintainability of this application on the ground that the central provinces and berar industrial disputes settlement act, 1947, was repealed with effect from 1 may, 1965 by the bombay industrial relations (extension and amendment) act, 1964 (maharashtra act 22 of 1965). ..... as soon as, by the maharashtra act 22 of 1965 the bombay industrial relations act, 1946, was made applicable to this area, the matter would be governed only by that act and, therefore, the application of the respondent under the old central provinces act could not be entertained. 5. .....

Pune District Central Co-operative Bank Ltd. Vs. Bank Karmachari Sangh ...

Court : Mumbai

Reported in : 2000(4)BomCR811

..... it is needless to mention that the petitioner bank is governed by the provisions of the bombay industrial relations act, 1946 and is also governed by the provisions of the maharashtra co-operative societies act, 1960.1 need not dwell on the point that both the statutes operate in separate fields and both have different object to be achieved. ..... basic philosophy of the act is 'industrial relations' between the employers and the employees. ..... the crucial and interesting issue to be decided by me is whether by framing separate and independent service rules de hors the certified standing orders or in addition to the certified standing orders without following the mandatory provisions under section 42(1) of the bombay industrial relations act, 1946 amounts to unfair labour practice as contemplated under item 9 of the act.2. ..... respondent union is a representative and approved union for the banking industry in the local areas of pune cantonment and various talukas of pune district under the bir act, 1946. ..... detailed procedure which is mandatory for framing of the standing orders is given in the chapter vii of the act and section 40 finally lays down that the standing orders framed under this chapter under section 35 in respect of the employees shall be determinative of the relations between the employer and the employees in regard to all the industrial matters specified in schedule i. ..... 'maharashtra recognition of trade unions and prevention of unfair labour practice act, 1971 (m.r.t.u. & .....

The Maharashtra State Co-operative Agricultural and Rural Development ...

Court : Mumbai Aurangabad

..... various judgments that the dispute with regard to the service conditions of employees falling within the definition of section 3(13) of the bombay industrial relations act, 1946 or section 2(s) of the industrial disputes act, 1947 will have to be referred to the labour court or industrial court as the case may be and therefore their disputes would not fall within the ambit of section 91 of the maharashtra cooperative societies act, 1968. 34. ..... say, the cooperative court granted adinterim protection to the respondents on 21.11.1983 and continued the said protection after obtaining an undertaking from the respondents that they would not claim the promotional posts and would return the monetary benefits in the event they fail in these ..... appellate cooperative court, it was held that the respondent shall give an undertaking as referred to above and the cooperative court shall decide the issue of jurisdiction afresh. ..... by granting adinterim protection to the respondents and after taking individual undertaking from the said respondents, granted protection ..... the protection was continued on the condition that the employees would give an undertaking of refunding the amount which they would receive during the pendency of the cases on the basis of ..... he further submits that though the respondents have given individual undertakings to the appellate cooperative court, it would be very harsh to cause a recovery of the said amounts from the persons who are about 80 years old or from the legal heirs of .....

Navnath Siddhappa Koli Vs. Siddheshwar Sahakari Sakhar Karkhana Limite ...

Court : Mumbai

Reported in : (1981)83BOMLR470; 1981MhLJ888

..... the extent of the jurisdiction of the industrial court under section 85 of the bombay industrial relations act has been described. ..... of 1977, before the labour court at solapur under section 28 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, hereinafter referred to for brevity's sake as the 'pulp act' . ..... the question as to whether the order of dismissal was justifiable or not was within the competence of the labour court to decide on the basis of the material which was placed before it by both the parties and if in exercise of that jurisdiction the labour court came to a finding, then that finding was not as enable to any interference at the hands of the industrial court under section 44 of the pulp act. ..... industrial court, maharashtra, 1970 ..... , however, be hazardous to accept a mere statement that the point was not argued and the president of the industrial court unnecessarily proceeded to decide the point. ..... chandranath, : (1969)iillj387sc , is of no assistance because section 22 of the bihar shops and establishments act, 1954 gave jurisdiction to the labour court to hold after itself recording evidence, that the employee 'was not guilty of any misconduct as held by the ..... kulkarni, however, insists that it is open to the labour court to examine the correctness of the finding recorded in the domestic enquiry and if it comes to the conclusion that the finding is erroneous the order of discharge or dismissal can be said to be for patently .....

Arvind Ramdas Valke Vs. Ispat Industries Ltd. and ors.

Court : Mumbai

Reported in : (2009)IILLJ586Bom

..... : (1979)iillj194sc to state that this was the only objection taken in the written statement and there was no ground that he does not satisfy the requirements of section 3(13) of the bombay industrial relations act, 1946. ..... said section 3(5) covers status of complainant under the industrial disputes act, 1947 as also under bombay industrial relations act, 1946. ..... he further stated that the contention of shri valke that, he was supervising the working of machines and not of men, is without any pleading and by placing reliance upon the bombay industrial relations act, 1946 and shankar chakravarti v. ..... as against this, shri kumar, advocate for employer, contended that the contention of the employer before the industrial court was that the employee was not a workman under section 2(s) of the industrial disputes act as also under section 3(5) of the maharashtra recognition of trade union and prevention of unfair labour practices act, 1971 i.e. m.r.t.u. & p.u.l.p. ..... he relied upon judgment in city and industrial development corporation of maharashtra v. r.m. ..... he also relied upon the judgment of this court maharashtra state road transport corporation v. .....

Ashrafinath R. Yadav and ors. Vs. National Textile Corporation and ors ...

Court : Mumbai

Reported in : 2002(3)BomCR352; (2002)1BOMLR115; [2002(92)FLR1109]; 2002(1)MhLj487

..... urges that inany event the bar under section 59 will operate and the complaint is liable to be dismissed, in view of the fact that the petitioners had actually approached the labour court under the bombay industrial relations act.7. ..... were superannuated and the posts have not been abolished, by following the procedure under bombay industrial relations act. ..... that on 14th february 1995, the respondents, gave notice of change under the provisions of bombay industrial relations act for introduction of voluntary retirement scheme in some departments. ..... respondents did not accede to the demand made by the petitioners to make them permanent, the petitioners filed an application under the provisions of bombay industrial relations act, 1946, complaining that the respondents had committed an illegal change claiming permanency. ..... petition challenges the order of the industrial court dismissing a complaint filed by the petitioners under item 9 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. ..... order was passed whereby the industrial court directing the respondents to provide regular work to the petitioners pending hearing and final disposal of the complaint.4 ..... was filed by the 1st respondent in form of an affidavit of the production manager wherein he admitted the existence of an agreement between rashtriya mill mazdoor sangh and the respondents which states that 85% of the muster strength in the processing department works out to 124. .....

Ambika Silk Mills Co. Ltd. and Another Vs. Maharashtra General Kamgar ...

Court : Mumbai

Reported in : 1998(2)ALLMR609; 1998(2)BomCR148; [1998(79)FLR1]; (1999)IIILLJ1095Bom; 1998(1)MhLj568

..... it would be relevant here to mention that the maharashtra general kamgar union, though is neither representative nor approved union under the bombay industrial relations act, 1946, filed a complaint of unfair labour practice under section 28 read with item 9 of schedule iv of the mrtu & pulp act against the employer company in the industrial court on 10-12-1986. ..... the mrtu & pulp act was enacted to provide for the recognition of trade unions for facilitating collective bargaining for certain undertakings; to state their right and obligations; to confer certain powers on unrecognised unions; and to define and provide for the prevention of unfair labour practices; and to constitute courts in this behalf. ..... down an undertaking of an industrial establishment to which this chapter applies shall, in the prescribed manner, apply, for prior permission at least ninety days before the date on which the intended closure is to become effective, to the appropriate government, stating clearly the reasons for the intended closure of the undertaking and a copy of such application shall also be served simultaneously on the representatives of the workmen in the prescribed manner: provided that nothing in this sub-section shall apply to an undertaking set .....

State of Maharashtra Vs. Labour Law Practitioners's Association

Court : Mumbai

Reported in : 1988(2)BomCR16; (1987)89BOMLR120; [1987(54)FLR732]; 1987MhLJ191

..... 1947, the bombay industrial relations act, 1946 and the maharashtra recognition of trade union and prevention of unfair labour practices act 1971.2. ..... section 6 of the maharashtra recognition of trade union and prevention of unfair labour practices act empowers the state government to constitute one or more labour courts and appoint persons thereto having the prescribed qualifications. ..... by the industrial disputes (maharashtra amendment) act, 1947, section 7 was amended and sub-clauses (d-1)(d-2) and (d-3) were added. ..... sub-section (1) of section 7 authorises the state government (the appellant) to constitute one or more labour court for the adjudication of industrial disputes relating to any matter specified in the second schedule to that act sub-section (2) of section 7 provides that the labour court shall consist of one person to be appointed by the appropriate government. ..... section 9 of the bombay industrial relations act constitutes labour court for the purpose of deciding the disputes set out in section 78 of that act. ..... , speaking for the court, that thee intension of the legislature in framing section 7 of the industrial disputes act really was that men who could be described as independent and with sufficient judicial experience must be selected as labour court judges. ..... at this stage it is convenient to quote the identical definition of 'district judge' that appears in section 3(17) of the general clauses act, 1897, and section 3(15) of the bombay general clauses act, 1904. .....