Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 19 periodical returns to be submitted to registrar Page 1 of about 177 results (0.279 seconds)

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

Court : Mumbai

Reported in : [1979(39)FLR89]

..... 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 ..... 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. ..... kaka submits that the industrial court constituted under the industrial disputes act or under the bombay industrial relations act is a principal civil court of original civil jurisdiction and as such the industrial court is on par or, in ..... force; or (d-2) he holds a degree in law of a university established by law in any part of india and is holding or has held an office not lower in rank than that of deputy registrar of any such industrial court or tribunal for not less than five years; or (d-3) he holds a degree in law of university established by law in any part of india and is holding or has held an office not ..... the provisions of section 85 of the act enable the industrial court to have superintendence over all the labour courts and permits the industrial court to call for returns; make and issue general rules and prescribe form for regulating the practice and procedure of such .....

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

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. ..... as it is not inconsistent with the provisions of this act, be made, instituted, continued and availed of as if the said act had no been repealed and continues in operation : (b) any proceedings pending before the state industrial court, a district industrial court, the labour commissioner, the registrar or the wage board, conciliation proceedings, or any proceedings relating to the trial of offences punishable under the provisions of the act so repealed shall be continued and completed as if the said act has not been repealed said continued ..... 78 purported to fix a period of six months for approach and a subsequent period of three months for applying to the court; and (e) the authorities prescribed by these two sections were different. .....

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. ..... the deputy 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. ..... naina buch, the learned advocate for the respondent union supported the judgment of the industrial court and submitted that the bank had clearly engaged in an unfair labour practice within the meaning of item 9 of schedule iv of the m.r.t.u. & p.u.l.p. ..... if at any time after the expiry of the said period of two months, any employer or employee again desires the same change or a change similar in all material particulars, he shall give fresh notice in the manner provided in sub-section (1) or (2), as the case may be. ..... he shall send a copy of such notice to the chief conciliator, the conciliator for the industry concerned for the local area, the registrar, the labour officer and such other person as may be prescribed. .....

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

Court : Mumbai Aurangabad

..... 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. 34. ..... that the provisions of the bombay industrial relations act 1947, did not apply and that the dispute could not be decided by the registrar under s. ..... , (2) dearness allowance, (3) special allowances, (4) other allowances, (5) uniforms and washing allowances for subordinate staff, (6) conveyance charges, (7) provident fund and gratuity, (8) leave rules, (9) joining time on transfer, (1) rules relating to departmental enquiry against employees for misconduct, (11) probationary period and confirmation, (12) working hours and overtime allowance, (13) age of retirement,, (14) security, (15) common good fund, (16) service conditions and (17) promotions. ..... on behalf of four employees, one of whom is deceased and represented by his legal heirs, submits that the three employees who had joined duties way back in between 196366, are in their late ..... given temporary promotion on 07.04.1978 to category no.6 and having not been found suitable, was returned to category no.7 on 14.10.1983 (r) the respondent in the forth petition was appointed on 01.09. .....

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

Court : Mumbai

Reported in : (1981)83BOMLR470; 1981MhLJ888

..... jurisdiction of the industrial court under section 85 of the bombay industrial relations act has been described. ..... 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 ..... kulkarni relating to the jurisdiction of the industrial court under section 44 of the pulp act, it would be better to dispose of another point which he has ..... section 44 of the pulp act before the industrial court at bombay ..... section 22 of the bihar act, the supreme court said, was not limited as that of the industrial court or labour court under section 334 of the industrial disputes act ..... industrial court, maharashtra ..... 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. ..... kulkarni, the learned advocate appearing in support of the petition, that the president of the industrial court has exceeded the jurisdiction vested in him by interfering with what was essentially a finding of fact ..... 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. ..... in said paragraph 2, the employee has pleaded that the provisions of the bombay industrial relations act, 1946 as also provisions of industrial disputes act, 1947 are applicable to the industry. ..... act, 1971 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 submitted that no relief as such was claimed against those officers & then after some time, those officers have resigned and joined some other employer. .....

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. ..... he submitted that there may be an industry, where part of the industrial activity is governed by the bombay act and part of it is governed by the mrtu & pulp act. ..... 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 area. ..... it is the case of the petitionerunion that the impugned notification dated 26/6/2007 is issued by the election returning officer of the said bank declaring the elections for the board of directors and the programme of election under rule 56j form no. ..... kumbhar that pandharpur urban cooperative bank sevak sangh, pandharpur, submitted to him their application addressed to the commissioner (labour), pune, regarding cancellation of representative character of the petitionerunion and he submitted that application also to the district election officer. 9. .....

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

..... 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. ..... also 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. ..... , only 110 permanent employees were employed during the period of 1992 to 1993 when the complaint was filed ..... writ 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. ..... ramaswamy for the respondents submits that the claim of permanency could not be considered in the complaint filed by individuals as such a complaint could be filed only by a representative ..... he further submits that the mill is declared as a sick unit ..... he further submits that although there was an agreement with the union for maintaining 85% of the muster strength as permanent employees, this agreement has been substituted by another agreement whereby rashtriya mill mazdoor sangh, which is a ..... he submitted that despite it being declared a sick unit several orders have been passed by this court even in respect of the same unit of .....

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. ..... application, the state government extended exemption upto 31-3-1993 subject to the condition that the employer company shall offer employment to the affected workmen on restarting the undertaking and that the employer company should submit quarterly return to the government in respect of the offers made/steps taken by them for restarting the undertaking. ..... the employer company invoked the power of the appropriate government under sub-section (7) of section 25-o and the appropriate government was satisfied that due to the exceptional circumstances and the accident, the provisions of section 25-o(1) relating to procedure for closing down shall not be applicable to the employer company for a period of three years from the date of accident, obviously, therefore, on the basis of the order passed by the appropriate government the employer company was not required to follow .....

State of Maharashtra Vs. Labour Law Practitioners's Association

Court : Mumbai

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

..... the bombay industrial relations act, 1946 and the maharashtra recognition of trade union and prevention of unfair labour practices act 1971.2. ..... under any law for the time being in force; or (d-2) he holds a degree in law of a university established by law in any part of india and is holding or has held an office not lower in rank than that of deputy registrar of any such industrial court or tribunal for not less than five years; or(d-3) he holds a degree in law of university established by law in any part of india and is holding or has held an office not lower in rank than that of assistant commissioner ..... 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 ..... 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 ..... appellate tribunal constituted under the industrial disputes act for a period of not less than 2 year; or (d) had held any judicial office in india for not less than 7 years; or (e) had been the presiding officer of a labour court constituted under any provincial act or state act for not less than 5 ..... he submitted, therefore, that article 234 now had no application to the appointment of labour court .....