Court : Mumbai
Reported in : 2008(3)ALLMR223; 2008(3)BomCR567; (2008)110BOMLR784; 2008(6)MhLj291
..... were pending, the registrar appointed under the bombay industrial relations act, nasik division, nasik pursuant to ..... bombay industrial relations act ..... regional joint director of sugar in the impugned order dated 11.1.2007 directing holding of meeting for selection of the said two persons cannot be said to be beyond the scope of section 73bb of the said act as the said section itself provides that if there is a dispute in relation to 'such issues' which in my view would cover the objections raised by the two managing council members as well as the objection raised by the workers of the petitioner no ..... take action under section 79 and 79a of the maharashtra co-operative societies act, 1960 for non-implementation of the provisions of section 73bb of the maharashtra co-operative societies act, 1960 against the ..... in sofar as the application of section 73ff to the nominated directors under section 73bb is concerned, the learned counsel submitted that application of section 73ff to the representatives of workers under section 73bb is not ruled out and that it's ..... board of directors, however, the same would be subject to the final decision in the writ petition and the apex court requested this court to dispose of the above writ petition within a period of four months from the date of the receipt of it's order. ..... 5 sugar factory within a period of eight weeks, after hearing the respective parties, the intervenors were also, granted liberty to approach the regional joint director (sugar) so that .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(1)ALLMR800
..... however it is admitted position between parties that the model standing orders framed under section 35 of bombay industrial relations act govern their service conditions and industrial employment standing order act, 1946 has no application. ..... the employer further contended that there were elected representatives functioning under section 28 of bombay industrial relations act and they represented even complainants. ..... no definite finding was recorded by the labour court or the high court in that regard.here, from the facts disclosed above it is apparent that the industrial court has considered period of forced unemployment and finding of completion of 240 days is reached by adding said period to the period of employment admitted by employer.hence this ruling has no application.the totality of circumstances considered above clearly establish that employer could have & ought to have produced all documents on record to show ..... employers have harped again and again that the employees have not cross-examined their witness in relation to statement made by him in first sentence of paragraph 16 of deposition which is 'i say and submit that the respondent did not engage even a single temporary worker from may 2003 to march 2004'. ..... complaints under section 28 of maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971, (hereinafter referred to as mrtu act) for declaration that their employer m/s. .....
Tag this Judgment!Court : Mumbai
Reported in : (2001)ILLJ187Bom
..... one of the points canvassed in the written statement and which was the only point urged before me, was the refusal of work by the employer to the workman may amount to a closure within the meaning of section 3(8a) of the bombay industrial relations act which would merely give a right to claim compensation for such closure. ..... of the corporation was that even if there was a refusal to provide work as alleged, this would amount to a closure and, nonetheless, the legality and justification for the closure would need to be determined in an adjudication under the bombay industrial relations act, in the absence of which the workers would not be entitled to any relief. ..... fourthly, the remedy, if any, under the provisions of the bombay industrial relations act cannot operate to oust the remedy under the mrtu & pulp act, 1971. ..... the workman had also moved an application under section 33-c(2) of the industrial disputes act, 1947 for the payment of salary for the prior period ending on june 30, 1990.3. ..... the complaint in question was filed under items 5 and 9 of schedule iv to the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. ..... further it is submitted that in such a case the legality and validity of the closure would need to be adjudicated upon and justified and the quantum of compensation as provided under item 7 of schedule iii of the act would need to be assessed in accordance with law.4. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(1)BomCR842; [2007(112)FLR1003]; 2007(1)MhLj644
..... counsel for the petitioners drew our attention to section 21 of the maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971 (hereinafter referred to as the 'trade union act') and section 33 and 33a of the bombay industrial relations act, 1946 (hereinafter referred to as the 'act of 1946'). ..... there very question involved in that appeal was:does a representative-union under the bombay industrial relations act, 1946 (bir act) have the exclusive right to represent the employees of the industry concerned 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 of the schedule iv thereof.in this judgment the supreme court also relied upon the judgment in the case of girja ..... under the scheme of the bombay industrial relations act, any industrial dispute with regard to the industrial matters not specified in schedules i and iii can only be raised by employees by issuing a notice of change under sub-section (2) of section 42, which can only be done through the representative of employees. ..... under the scheme of the bombay industrial relations act, the representation on behalf of the employees is industrywise. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(2)ALLMR78; 2007(1)BomCR529; (2007)109BOMLR1; [2006(108)FLR879]; (2007)IILLJ217Bom; 2007(1)MhLj659
..... act which applies to establishments covered by the provisions of that act and those industries covered by the provisions of the bombay industrial relations act.the code of discipline has emerged from a consensus on the part of industries and unions to recognise the union holding majority ..... unlike the secret ballot which only shows the preference at the moment, the check off system shows the continued support for the unions over a long enough period of time;(iii) that since the negotiating agent has to represent workers over a period of time till the next negotiations fall due, membership of the union is a far better and more reliable index than a secret ballot (which is more like a ..... the supreme court noted that though there was a strong demand from some sections for recognizing the bargaining agent of the workmen by a secret ballot or otherwise, the national labour commission did not countenance it for certain ..... the only statutory enactment in the state of maharashtra are contained in the provisions of the m.r.t.u. ..... when the verification officer asks the unions to submit their lists and books for scrutiny.clause (11) reads as under:if more than one union function in an establishment, it is necessary to verify the representative character of the ..... identification of the negotiating agent through secret ballot amongst 50,500 employees undertaken during 2002 involved an expenditure of more than 50 lakh rupees, and the deployment of 3,000 returning officers and polling staff.6.71. .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(112)BomLR80
..... undertaken by the industrial court, employer did not get opportunity to address that court to show that charge sheet was served within reasonable time, or then also to show that provisions of section 78 [1][d][i] of the bombay industrial relations act, were only directory ..... be issued within a reasonable time it mentioned provisions of section 78 [1][d][i] of the bombay industrial relations act, it is to be noted that in paragraph no. ..... to show that provisions of section 78 [1][d][i] of the bombay industrial relations act, are only directory he has relied upon the division bench judgment of this court reported at : 1994 ..... that the pendency of matter before the labour court, the fact of esi treatment and immunity flowing therefrom were pressed into service before the industrial court to urge that in this background, employer could not have conducted any departmental enquiry and charge sheet dated 10.01.1996, therefore constituted unfair ..... he further states that, though charge sheet was in relation to absence from 05.11.1991, ultimately the enquiry officer has recorded a finding only for period upto 31.03.1993, as the name of employee was appearing in muster only upto the said date and enquiry ..... 10.01.1996, it had indulged in unfair labour practice falling under item 9 of schedule iv of the maharashtra recognition of trade union and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the mrtu & pulp act' for short).2. ..... certificate were submitted to the employer .....
Tag this Judgment!Court : Mumbai
Reported in : [2002(93)FLR350]; (2002)IILLJ328Bom
..... the petitioner is a trade union, registered under the trade unions act, 1926, and is also registered as the representative union under the bombay industrial relations act, 1946, for the co-operative banking industry in the local area of thane municipal limits. ..... 2 which is a union neither registered as a representative union in the local area as contemplated by the bombay industrial relations act, 1946 (for short b.i.r. ..... act which is a self contained code providing for every contingency arising in the course of industrial relations between the employer and his employees represented by the representative of employees or the representative union. ..... act, 1946 and also under the maharashtra cooperative societies act, 1960. ..... there was total lull and silence on the part of the petitioner union for such a long period giving a correct impression to any reasonable man that the petitioner union was not at all interested in the affairs of the employees qua the bank. ..... probing further in the matter, the admitted facts are that the petitioner union had not submitted any notice of change under section 42 of the b.i.r. ..... according to the said union, during the period of 26 years the petitioner union had never claimed any right of representing the employees of the bank and had never raised any demand on behalf of the employees, and therefore, it had absolutely no locus standi even to .....
Tag this Judgment!Court : Mumbai
Reported in : [2006(108)FLR1184]; (2006)IILLJ625Bom
..... section 59 bars the proceedings under industrial disputes act or bombay industrial relations act, if any proceeding in respect of the matter falling under mrtu & pulp act is instituted under that act ..... proceedings tinder bombay or central act: if any proceeding in respect of any matter falling within the purview of this act is instituted under this act, then no proceeding shall at any time be entertained by any authority in respect of that matter under the central act or, as the case may be, the bombay act; and if any proceeding in respect of any matter -within the purview of this act is instituted under the central act, or, as the case may be, the bombay act, then no proceeding shall at any time be entertained by the industrial or labour ..... writ petition, the commissioner of labour, deputy commissioner of labour, assistant commissioner of labour, state of maharashtra and premier automobiles limited were impleaded as respondents 1 to 5 respectively. ..... also submitted that even otherwise bar contemplated under section 59 is with regard to the complaint under section 28 and not for the reference application under section 25(2) of the mrtu & pulp act.4 ..... be issued to the assistant commissioner of labour (conciliation officer) to initiate conciliation proceedings with regard to the demand raised by the union for lifting the illegal lock-out and for payment during the period of lock-out and in case of failure, direction to the state government to refer the industrial dispute for adjudication. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(3)ALLMR416; 2006(3)BomCR246; [2006(110)FLR27]; 2006(4)MhLj578
..... that their services are governed by the standing orders certified under the bombay industrial relations act, 1946 (hereinafter referred to as the bir act) and agreements/settlements entered into by the respondent company with the representative ..... section (2) of section 21 which inter alia provides that notwithstanding anything contained in the bombay act, no employee in any industry to which the provisions of the bombay act, for the time being apply, shall be allowed to appear or act or allowed to be represented in any proceeding relating to unfair labour practices specified in items 2 and 6 of schedule iv of this act except through the representative of employees entitled to appear under section 30 of the bombay act ..... who has put in 240 days uninterrupted service in the aggregate in any other undertaking during a period of 12 preceding calendar months, is required to be made permanent in that undertaking by an order in writing signed by the manager or any person authorised in that behalf by the manager irrespective of whether or not his name is on the muster roll of the undertaking throughout the period of the said twelve calendar months. ..... industrial court under the provisions of the maharashtra recognition of trade unions and prevention of unfair labour practices act (hereinafter referred to as the mrtu & pulp act ..... it has been submitted that neither in the pleadings nor in the evidence nor in the arguments before the industrial court the contention has been raised that there has .....
Tag this Judgment!Court : Mumbai
Reported in : (1996)ILLJ55Bom
..... nigh settled that for being covered under the umbrella of the act, one must be an employee within the definition of section 3(5) of the act and, in that, he should be a workman under the industrial disputes act, 1947 or the bombay industrial relations act, 1946, as the case may be. ..... considering all the aforesaid material together, it cannot be said that the industrial court was, in any way, in error in returning back the complaint to the complainant (petitioner herein) for being presented ..... similarly, in respect of the duties mentioned in para 2(e), if the petitioner is to collect and submit information of work to the heads of department and to perform the reporting work, he has necessarily to take judgment as to whether the work is completed or not and what is the state of ..... in the whole petition, beyond dubbing the order of the industrial court as illegal and beyond contending that the industrial court has committed grave error of law in returning the case for being presented before the appropriate forum, there is absolutely ..... challenging the order passed by the industrial court which has rejected the complaint in limine, by holding that the same is filed by a person who is a class-ii gazetted officer and a sectional engineer and cannot be termed as 'workman' and cannot excite the jurisdiction of the industrial court under the provisions of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the act').2a. .....
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