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. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... powers of the industrial court u/s 44 were held to be akin to its jurisdiction u/s 85 of the bombay industrial relations act (now maharashtra industrial relations act) ..... high court says that the appellants could very well appear before the court and move an application under section 245(2) of the code and that the magistrate could discharge them if he found the charge to be groundless and at the same time it has itself returned the finding that there are sufficient grounds for proceeding against the appellants ..... salunke, learned advocate for the petitioners, does not oppose the withdrawal of the criminal complaint, but joins shri gunale in submitting that this court may deal with the issue as to whether a revision was maintainable before the industrial court for questioning the legality and the validity of the order of issuance of process by the labour court u/s 48(1). 11 ..... appeal shall be made within thirty days from the date of the conviction, acquittal or sentence, as the case may be : provided that, the industrial court may, for sufficient reason, allow an appeal after the expiry of the said period. 43. ..... answered the issue as above, this petition is disposed of in the light of the statement made on instructions by shri gunale, with liberty to file a complaint under item 9 of schedule iv before the industrial court for the redressal of the grievances of the respondents, provided the criminal (ulp) no.6/2011 is withdrawn by the respondents within a period of four weeks from today .....
Tag this Judgment!Court : Mumbai Aurangabad
..... he submits that the bombay industrial relations act, 1946, has been extended to sugar industry on 4-10-1952 and the petitioners have got necessary certificate of registration as trade unions to represent the workers. ..... it is expressed that provision for return of lands added by maharashtra act xvii of 2003 came into force from 20.5.2003 and then there was a status-quo order by this court due to which several ex-lessors could not apply within stipulated period of 90 days. ..... contention that legal heirs of original lessors could not have applied for return of land, was found misconceived in the light of definition of "family" contained in section 2(22) of the maharashtra agricultural lands (ceiling on holdings) act, 1961 [for short "1961 act"]. ..... dhorde on behalf of respondent no.2 / farming corporation, while opposing the petition, pointed out that section 27(3)(b) is not attracted as it is in relation to employees of the owners whose lands are declared surplus after filing of return under section 12 of the 1961 act. 30. ..... as pointed out hereinabove, the amended provision of sub-section (3) and insertion of sub-section (3a) brings about a very insignificant change inasmuch as, while granting the land to the ex-lessors, the ceiling limit of the income has been removed and the ceiling on grant upto a maximum of 1.82 hectares or 3.64 hectares, as the case .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 189 of 1996 before the industrial court through the representative union under the bombay industrial relations act (respondent no. ..... singh, learned counsel for the 1st respondent, points out that, on an earlier occasion, on a complaint made by a union by name, general labour union, for the same reliefs, before the industrial court, wherein identical ad-interim relief had been given and that the said complaint came to be dismissed following the law laid down by the supreme court in shramik utkarsha sabha v. ..... at the cost of repetition, it may be pointed out that the regulations governing the procedure and practice of the industrial courts are framed in exercise of the delegated statutory powers vested in the industrial court under section 33 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 and such regulations validly framed, have statutory force and are required to be mandatorily followed by the industrial courts as governing the practice and procedure before it. ..... the respondent was further directed to report at the place of transfer on or before 16/03/2015 and the period of 3 months, for which he was transferred, was to be computed from 16/03/2015. ..... shri sarvadnya and shri waikos submit that the application exhibit u-10 was filed in urgency. ..... by consent, rule is made returnable forthwith and the petition is taken up for final disposal. 4. ..... 28-1-1998 and issued notice returnable on 17-2-1998. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the bombay industrial relations act, and if successful therein to seek remedy under the said act thereafter. ..... it was also sought to be contended that mere denial of status of the complainant as that of employee by the opponent, cannot non-suit the employees and such denial would not oust the jurisdiction to the industrial court to ascertain the fact situation by framing issues and asking the parties to lead evidence in mat regard, and to decide the same, possibly by summary manner. ..... has, inter alia, held that while deciding the question of maintainability of the complaint under mrtu and pulp act, the industrial court is bound to frame an issue as a preliminary issue on that count and after framing the preliminary issue decide the point of jurisdiction. ..... in that decision the question was whether in view of section 10 of the contract labour (regulation and abolition) act, 1970 the employees of contractors stood automatically absorbed in the service of the principal employer. ..... this court, in the matter of buildtech constructions, lokmat (supra), hindustan coca cola (supra) and maharashtra state power generation (supra) has laid down the law that a mere denial of employer-employee relationship in the written statement is not enough to oust the jurisdiction of the labour court or the industrial court. ..... at this stage, mr.shahane submits that the petitioners have not challenged their termination and may desire to do so. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... been delayed, such person himself, or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf, [or a representative union registered as such under the bombay industrial relations act, 1946], or any inspector under this act, or any other person acting with the permission of the authority appointed under sub-section (1), may apply to such authority for a direction under sub-section (3): [and in case of death of the employed person, it shall be lawful for his legal representative to make an application ..... application, direct the payment of such compensation, as the authority may think fit, not exceeding two thousand rupees: provided that a claim under this act shall be disposed of as far as practicable within a period of three months from the date of registration of the claim by the authority; provided further that the period of three months may be extended if both parties to the dispute agree for any bona fide reason to be recorded by the authority that the said ..... the learned counsel relies on the judgment of the apex court in a case of bank of maharashtra vs. ..... rule made returnable forthwith. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the effect of section 4 of bombay village panchayat act also cannot be taken away relating to a legal rights flowing in favour ..... (1) the corporation for every city constituted under this act existing on the date of coming into force of the maharashtra municipal corporations and municipal councils (amendment) act, 1994, specified as a larger urban area in the notification issued in respect thereof under clause (2) of article 243-q of the constitution of india, shall be deemed to be duly constituted municipal corporation for the larger urban area ..... for the corporation is unable to point out government notification in terms of section 3 of maharashtra municipal corporation act. ..... however, no steps are taken as yet by the municipal corporation though as referred earlier, government of maharashtra has by virtue of direction in writ petition indicated on 17.4.2010 to incorporate survey nos.28 to 44 and 46 to 75 within limits of aurangabad municipal corporation, of course, ..... this clause may not be constituted in such urban area or part thereof as the governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, by public notification, specify ..... the maharashtra regional town planning act 1966 deals with provisions or planning of development and use of land to make better provision for preparation of development plan, particularly to provide for .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the bombay industrial relations act, and if successful therein to seek remedy under the said act thereafter. ..... as the respondents were not accepting the appellants' claim to treat them as their employees, the appellant filed a complaint under section 28(1) of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter called the mrtu and pulp act) alleging that the respondents had engaged in unfair labour practices under item nos. ..... in the event, the petitioners raise an industrial dispute before the appropriate government under the industrial disputes act, 1947 within a period of six weeks from today, the time spent by the petitioners before the industrial court and this court shall be a ground for condonation of delay, if any. ..... on the other hand, on behalf of the respondents, their learned counsel submits that the complainants are not sure as to who is their employer considering the pleadings of the respondents themselves in the complaint and thereafter in the affidavit in rejoinder filed on behalf of the respondent nos. ..... rule made returnable forthwith and heard finally by the consent of the parties. 2. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... subsection (4) to section 3 of the bombay provincial municipal corporations act, 1949 and proviso to subclause (d) of subsection (1) to section 6 of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965, (hereinafter referred to as,?the municipal councils act? ..... the present case is concerned, what is relevant is the amendment to the subsection (4) of section 3 of the maharashtra municipal corporations act, by which, a proviso has been inserted and which states that, where the population of any urban area in respect of which there is an existing council constituted under the provisions of the maharashtra municipal councils nagar panchayats and industrial townships act, as per the latest census figures has exceeded 3 lakhs, the state government may, for the ..... on the other hand, shri karlekar, learned agp relies upon the affidavit in reply filed and submits that the affidavit points out as to how the constitutional requirements and equally, the statutory requirements have been ..... in the opinion of the high court, the notifications dated 16102001 appointed a period of 60 days for preferring objections against the proposed constitution of a municipal corporation in place ..... thus, only to enable to publish a notification under section 3 in relation to an existing municipal council and when the urban area for which it is constituted, has a population in terms of the latest census figures exceeding 3 lakhs, that the said proviso ..... is made returnable forthwith. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... section 2(15) of the maharashtra regional and town planning act, 1966 defines the term 'local authority' incorporating 'nagar panchayat' therein since 2000 on amendment, thus; "(15) "local authority" means (a) the bombay municipal corporation constituted under the bombay municipal corporation act, or the nagpur municipal corporation act, 1948, or any municipal corporation constituted under the bombay municipal corporation act, 1949, [(b) a council and a nagar panchayat constituted under the maharashtra municipal councils, nagar panchayats and industrial township act 1965,] (c) (i) a zilla parishad constituted ..... katneshwarkar, appearing for respondent no.3, the learned counsel leading arguments for respondents, counters aforesaid submissions on behalf of the petitioners submitting that seventy fourth amendment to the constitution of india in the year 1992, introduced part ix a - incorporating provisions with respect to municipalities. ..... section 341-b of the municipalities act provides for constitution and elections to nagar panchayat of seventeen directly elected councillors by dividing the transitional area into territorial constituencies, to be known as wards and that the provisions of section 10 of the municipalities act relating to reservation to scheduled castes, scheduled tribes, the backward class of citizens and women and section 51(1a) relating to reservation of office of president have also been made applicable. .....
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