Court : Mumbai
Reported in : [1984(49)FLR17]; (1984)IILLJ111Bom
..... the government of maharashtra enacted the bombay industrial relation act, 1946 to regulate the relations of employers and employees, and to make provision for settlement of industrial disputes and to provide for certain other purposes. ..... section 13 of the act provides for an application for registration as a representative union and in accordance with this provision, rashtriya mill mazdoor sangh (hereinafter referred to as the 'sangh') made a requisite application and was registered as the representative union in august, 1958 for the cotton textile industry in grater bombay. ..... be excluded in computing the said period of three months :provided that the registration of union shall not be cancelled under the provisions of this sub-clause unless its membership for the calendar month in which show cause notice under this section was issued was less than such minimum.section 123 of the act enables the state government to make rules and in exercise of that power, the government has framed rules known as 'the bombay industrial relations rules, 1947'. ..... 13(i) of the act, it is clear that an application for registration can be made by the union provided the applicant has for the whole period of the three calendar months immediately preceding the calendar months in which the application is made, a membership of not less than 25% of the total number of employees. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(6)ALLMR708; 2006(5)BomCR616; (2006)IIILLJ628Bom
..... in that case the supreme court was dealing with the question of correct interpretation of section 3(25) of the bombay industrial relations act, 1946 (for short 'the bir act'). ..... the conditions precedent to making such an application, however, are that: (i) a period of at least two years must have elapsed since the day of the registration of the recognised union; (ii) a period of one year should have elapsed since the date of disposal of the previous application for recognition of such union; (iii) the union must have satisfied the conditions necessary for recognition specified under section 11; and in addition. ..... deshmukh took us through the findings recorded by the industrial court, constitution and rules of the respondent-union, the relevant provisions of the act and more particularly the provisions contained in chapter iii thereof and submitted that the present case is not covered by the ratio laid down by the supreme court in the judgments of maharashtra grini kamgar union's case (supra). ..... supreme court in maharashtra girni kamgar union's case (supra) was considering the provisions contained in section 3(25) of the bir act in the context of the question, as aforestated, fell for its consideration. ..... 7 of 1994 filed by respondent no.1 -union under section 11 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short 'the act') for being registered as recognised union of the workmen in the factory of respondent no.2 company at thane .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1983Bom317; (1983)85BOMLR134
..... the bombay industrial relations act, 1946, provides for registration of unions in different categories such as representative union for an industry in a local area, qualified union and primary union and also for recognition of ..... that under the bye-laws of every co-operative society there is a limit to the term of office of the members of the managing committee and a provision for re-election and that there are provisions in the maharashtra co-operative societies rules, 1961, providing for disqualifications for membership of the committee; while under section 73bb no term of office is provided in respect of an employee-member of the committee nor are any disqualifications prescribed with respect to an employee being selected or ..... conferred upon the government the power to select any one society out of a class of societies and make this section applicable to it and thus discriminate against it. ..... in this section was the power of the state government to make this section applicable to any ..... the government had called upon the said bank by the said letter to express its views with regard to the application of the said section 73bb of the act to the said bank and that though the said bank had sent a detailed reply dated nov. ..... under the act, when a society is proposed to be registered, an application for that purpose is to be made to the registrar of co-operative societies and under section 9 of the act, if the registrar is satisfied that the application is in order, he would register the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC1268; 1972LabIC444; (1972)ILLJ657SC; (1972)2SCC46; [1972]3SCR731
..... 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. ..... or a submission, settlement or award made under this act;(d) all questions of what is fair and right in relation to any industrial matter having regard to the person immediately concerned and of the community as a whole;under section 31(1) every employer must submit for approval to the commissioner of labour in the prescribed manner standing orders regulating the relations between him and his employees with regard to the industrial matters mentioned in schedule i within six weeks from the date of the application of the act to the industry. ..... this sub-section has a proviso which runs: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.section 44 envisages an agreement between the parties regarding 'change' and registration of the memorandum thereof by the registrar. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC311; [1985(50)FLR186]; (1985)ILLJ314SC; 1984(2)SCALE1000; 1984Supp(1)SCC663; [1985]2SCR492
..... state of bombay : (1954)illj1sc one of the contentions canvassed before the constitution bench was that section 13 of the bombay industrial relations act, 1946 as it then stood provided that a union can be registered as a representative union for an industry in a local area if it has for the whole of the period of three months next preceding the date of its application, a membership of not less than 15% .of the total number of employees employed in any industry in any local area. ..... section 20(2)(b) is more or less in pari materia with the provisions of the bombay industrial relations act, 1946. ..... (2) of section 114 of the bombay industrial relations act, 1946 provided that where die representative. ..... there is in force in the state of maharashtra a comprehensive legislation bombay industrial relations act, 1946 touching almost all aspects of industrial relations but it applies only to specified industries. ..... if after considering all the objections that may have been lodged pursuant to the notice given as hereinbefore indicated, the industrial court comes to the conclusion that the conditions requisite for registration are satisfied and the union complies with, the conditions specified in section 19, the industrial court shall grant recognition to the applicant union under the act and issue a certificate in the prescribed form. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)BomCR569; (2008)110BOMLR1913; 2008(6)MhLj118
..... 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. ..... as per section 13(i) any union which has for the whole of the period of [three calendar months immediately preceding the calendar month in which it so applies] for registration a membership of [not less than twentyfive per cent] of the total number of employees employed in any industry in any local area may apply to the registrar for registration as a representative union for such industry in such local ..... section 11 provides for application for recognition of ..... rejected this submission after observing that if the legislature intended to confine the application of the section only to the employees as defined by the bombay act, the legislature would have made a specific provision for incorporating the definition in the section. ..... court has further clarified that the intention of the legislature is that they should operate in tandem and complement each other in respect of the industries to which the bombay act had been made applicable. ..... the minimum number of permanent employees of a banking society for the application of section 73bb is twenty five only section 73bb must bear the ordinary and different meaning i.e. ..... in any case, the said bank should have made an application for expediting the said appeal and should have got it disposed .....
Tag this Judgment!Court : Mumbai
Reported in : (2001)IIILLJ540Bom
..... 12 of 1983, a proceedings under the bombay industrial relations act, 1946 (hereinafter referred to as 'the said act').2. ..... before adverting to the submissions of the learned counsel, it would be useful to refer to the relevant provisions of the bombay industrial relations act, 1946. ..... section 13 prescribes the filing of the application for registration indicating that any union which has for the whole of the period of three calendar months immediately preceding the calendar month in which it so applies under this section a membership of not less than twenty five per cent of the total number of employees employed in any industry in any local area may apply in the prescribed form to the registrar for registration as a representative union for such industry in such local area. ..... at the time of application for registration itself under section 13, a detailed enquiry is contemplated and the same process follows when there is an application for cancellation. ..... this exclusion, according to the learned counsel, is contrary to the law laid down by this court in maharashtra girni kamgar union v. s. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1992)ILLJ72AP
..... question of recognition is governed by the guidelines in the 'code of discipline' voluntarily accepted by the employer and employees and will hold good unless replaced by any statute like the bombay industrial relations act, 1946 or the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 or similar provisions in force in madhya pradesh, rajasthan etc. ..... their lordships then pointed out that initially provisions were incorporated in the bombay industrial relations act 1946, for conferring the status of a recognised union with a view to see that a workman who was not a member of such a recognised union did not suffer on account of his cause being not taken by the ..... the fifth point, it may be noted that the trade unions act deals merely with the registration of trade unions and the conditions for registration and it has nothing to do with recognition of trade unions. ..... that act provides for an application for recognition and the criteria for eligibility is that the union must have, for a whole of six calendar months before application, a membership of not less than of 30 percent of total ..... coming to the third point, it is necessary to refer to section 24 of the regional rural banks act, 1976, which reads as follows :- 'power of central government to give directions :- (1) a regional rural banks shall, in the discharge of its functions, be guided by such directions in regard to matters of policy involving public interest as the central government .....
Tag this Judgment!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. ..... first contended that the fact that the application of article 234 of the constitution as earlier provided by proviso of section 9 of the bombay industrial relations act was subsequently deleted is very relevant. ..... 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 ..... 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. ..... is a labour law practitioner's association an association registered under the societies registration act, while petitioner no. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1968Bom222; (1968)ILLJ616Bom; 1967MhLJ937
..... 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. ..... 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. ..... we have carefully gone through these two sections, and also through other relevant sections of the central provinces and berar industrial disputes settlement act, 1947, but we cannot accept the submission of sri mor that the provisions are either inconsistent or 'in irreconcilable conflict. ..... he pointed out the following differences, which he called as being 'in irreconcilable conflict' : (a) section 78(1) d of the bombay act referred to reinstatement and termination, while s. ..... section 16, no doubt, provides a forum for a dismissed employee to claim reinstatement and also prescribes the method of enforcement of the right, but that right arises as soon as an industrial dispute arises within the meaning of cls ..... the matter depended on the interpretation of a proviso to a section in the later act whereby the earlier act of 1861 was repealed. ..... the limitations in the two acts and the forums prescribed therein are somewhat different, but the proper way to distinguish the two sections would be by saying that certain provisions therein are variant .....
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