Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 119d power of industrial court etc to pass interim orders Page 1 of about 103 results (0.079 seconds)

Woollen Kamgar Sanghatana, Vs. Seth Industries Ltd.,

Court : Mumbai

Reported in : 2005(1)BomCR338; (2005)ILLJ1145Bom

..... 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 (mrtu & pulp act) other than those specified in items 2 and 6 ..... section 33 of the act specifies that an employee or a representative union shall be entitled to appear through any persons in all proceedings before the industrial court or the wage board or in the proceedings before the labour court deciding whether a lockout, closure or stoppage or change or an order passed by employer under the standing orders ..... the delhi high court and obtained an ad-interim order staying the operation of the order and findings of ..... :'now a combined reading of sections 80, 27-a, 30, 32 and 33 of the act leaves no room for doubt that consistent with its avowed policy of preventing the exploitation of the workers and augmenting their bargaining power, the legislature has clothed the representative union with plenary power to appear or act on behalf of the employees in any proceedings under the act and has deprived the individual employees or workmen of the right to appear or act in the proceeding under the ..... court has considered that the bir act debars a non-representative union from representing the workman for any dispute other than in respect of dismissal, discharge, etc .....

Mumbai District Co-operative Bank Ltd. Vs. Co-operative Bank Employees ...

Court : Mumbai

..... the impugned order of the labour court was passed on an interim application under section 119 (d) of bombay industrial relations act, 1946 (hereinafter referred to as "bir act") filed by the respondent-union seeking an order to restrain respondent-bank from hiring the services of one m/s synergy safe climber and property solution pvt. ..... are not in dispute: (i) that the bank is bound to comply with the directives of nabard, rbi and the cooperation department, state of maharashtra, failing which it would be liable for regulatory action; (ii) that the bank is required to follow the selection procedure viz advertisement, age, qualifications, written tests, interview, reservations, etc for the purposes of recruitment of the employees which procedure is specified in the memorandum of settlement dated 20-10-2006; (iii) that the settlement dated ..... section 119d provides that the labour court or the industrial court may pass interim orders as it may consider just and proper. ..... at the outset it needs to be borne in mind that the above petition arises from an interim order passed by the labour court which has been confirmed by the industrial court in revision and therefore the scope of consideration of reliefs in this petition filed invoking article 226 of the constitution would be rather limited considering the principles laid down for exercise of powers under article 226 qua interlocutory orders. .....

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

Court : Mumbai

Reported in : [1979(39)FLR89]

..... 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. ..... once, it is found that the persons holding the office of the industrial court or tribunal under these two acts are equivalent to the office of the district judge, then it is obvious that the labour courts are subordinate to the industrial courts as provided by the bombay industrial relations act where appeals are provided against the orders of the labour courts and the power of superintendence is conferred on the industrial courts. ..... at his juncture, it is also necessary to mention that the maharashtra act titled as the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 was passed by maharashtra legislature and section 6 of this act enables the state government to constitute one or more labour courts and appoint persons having the prescribed qualifications. .....

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. ..... 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. ..... 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. ..... if a person has been wearing them he has done so, not because he had acquired a right to wear them, but merely because the law had not forbidden him to do so, in the same way, before the passing of this act anybody had a right to call himself a patent agent - that is to say, the law did not forbid him to do so. ..... the madhya pradesh high court was then moved by a writ petition to question the correctness of those orders. ..... giving slightly wider powers to a forum under the bombay act than what the tribunal under the central provinces act had, would only make some variation, but that is not a matter in inconsistency or irreconcilability. ..... i and ii to, the old act, as also the power given to the labour commissioner by s. ..... , observes, that the power to take advantage of an enactment may without impropriety be termed a 'right. .....

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

Court : Mumbai

Reported in : 2000(4)BomCR811

..... 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. ..... bank has filed the present petition under articles 226 and 227 of the constitution of india, to challenge the judgment and order dated 1-3-1994 passed by the member, industrial court, maharashtra at pune in a complaint ulp no. ..... registrar of co-operatives societies under the maharashtra co-operative societies act, 1960 (hereinafter referred to as ddr) appears to have issued directions to the petitioner bank to frame service regulations for the bank employees in exercise of his powers vested in him under rule 8(a) of the maharashtra co-operative societies rules, 1961. ..... industrial matter specified in item (5) of schedule iii, to the industrial court) : provided that no such application shall lie unless the employee (or a representative union) has in the prescribed manner approached (the) employer with a request for the change and no agreement has been arrived at in respect of the change within the prescribed period.as far as schedule i is concerned it enumerates 14 industrial matters from classification of employees to termination and also re-employment of the employees, including the mode of punishment etc. .....

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

Court : Mumbai Aurangabad

..... , this court has held in 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. ..... though the appellate court did not consider the definition of employee under section 3(13) of the bombay industrial relations act, 1946, the definition of employee under the bombay industrial relations act and the definition of workman under the industrial disputes act are almost identical ..... (n) the bombay industrial relations act, 1946 (presently known as 'the maharashtra industrial relations act') was made applicable to the petitioner-bank with effect from 15.11.1973 vide notification ..... by the notification dated 02.11.1973, the government of maharashtra exercised its powers under section 2(4) of the bombay industrial relations act, 1946 and made the said act applicable to the nanded district from 15.11.1973 thereby covering the business of banking companies and ..... considering the order that i would be passing, i am not required to advert to the ..... nature of the dispute and taking into account that the respondent-employees had given an undertaking before the cooperative court, interim relief was not granted in these matters. 2. .....

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

Court : Mumbai

Reported in : (1981)83BOMLR470; 1981MhLJ888

..... the revisional jurisdiction of the industrial court under section 44 of the pulp act, which is analogous to its jurisdiction under section 85 of the industrial relations act, does invest the industrial court with the power to examine the legality of the order passed by an authority below it whenever the record of the case is before it. ..... the learned president of the industrial court by his judgment and order dated 13th of december, 1980, set aside the order passed by the labour court below by holding that the foundation of fact which could have enabled the labour court to give the relief which the labour court ultimately gave did not exist in the instant case. ..... kulkarni, 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. ..... 1354, the extent of the jurisdiction of the industrial court under section 85 of the bombay industrial relations act has been described. ..... industrial court, maharashtra, 1970 lab.i.c. ..... 22 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' . .....

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

Court : Mumbai

Reported in : (2009)IILLJ586Bom

..... said section 3(5) covers status of complainant under the industrial disputes act, 1947 as also under bombay industrial relations act, 1946. ..... : (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. ..... ambadas sadhiv hingane : 2009(1)bomcr393 to urge that as the interim order granted by the industrial court in his favour continues to operate the employee could not have been terminated and ne must be presumed to be in service ..... 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. ..... employees in his grade, the powers conferred under the model standing orders were being resorted to by the employer ..... 1114/2007 is by an employee, challenging order dated january 31, 2007 passed by industrial court in ulp complaint no. ..... attending maintenance of plant service like compressors, lighting etc, in the above area.d. ..... attending maintenance of services like telephones, air conditioners etc. ..... i say that during the course of my working the respondent-company till the filing of present complaint, i have not received any memo, charge sheet, etc. .....

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

Court : Mumbai

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

..... 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. ..... section 20 of the bombay act which falls in chapter iii which provides for registration of unions states that any party to a proceeding before the registrar may appeal against the order passed by the registrar under this chapter to the industrial court ..... the provisions of the bombay act leaves no room for doubt that consistent with its avowed policy of preventing the exploitation of the workers and augmenting their bargaining power, the legislature has clothed the representative union with plenary power to appear or act on behalf of the employees in any proceedings under the bombay act and has deprived the individual employees or workmen of the right to appear or act in any proceedings under the bombay act, where the representative ..... before we close, we must advert to the fact that by the interim order dated 12/8/2002 referred to hereinabove, the respondents therein were directed to notify the names of two persons who had been nominated and selected by the petitioner union to be on the board of ..... judgment of the supreme court in babaji garad's case (supra) where the supreme court was considering section 73b of the mcs act which provides for reservation of seats on committees of certain societies for scheduled tribes, other backward classes, etc. .....

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. ..... 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. ..... were superannuated and the posts have not been abolished, by following the procedure under bombay industrial relations act. ..... an interim order was passed whereby the industrial court directing the respondents to provide regular work to the petitioners pending hearing and final disposal of the ..... 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. ..... that despite it being declared a sick unit several orders have been passed by this court even in respect of the same unit of the respondent ..... relies upon judgments of this court reported in national textile corporation south maharashtra ltd. v. ..... 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. ..... maharashtra state co-operative .....