Court : Mumbai
Reported in : 2009(111)BomLR3117; 2009(6)MhLj463
..... submitted that one dhargave was recruited by the respondent on 9-10-1991 without offering to him an opportunity of re-employment, thus breaching the provisions of section 25-h of the industrial disputes act as also the model standing orders framed under the bombay industrial relations act. ..... view of this, the learned counsel for the petitioner was right in submitting that it was not open to the learned member, industrial court to read requirements relating to employment exchanges, which were not contained in the model standing orders ..... - (1) the manager shall maintain a waiting list of all temporary operative whose services have been terminated on account of the completion of the work for which they were appointed or on account of the expiry of the period for which they were employed, containing the following particulars namely: vi. ..... by the workman takes exception to the dismissal of his complaint recording unfair labour practice under items 9 and 10 of schedule iv of the maharashtra recognition of trade unions and unfair labour practices act by the learned member, industrial court, nagpur, by his impugned order dated 25-11-1998.2. ..... counsel for the petitioner submitted that even in respect of public employment, this court has held that if at the time of employment of such persons the model standing orders govern such employment, subsequent framing of recruitment rules would be unhelpful unless such rules are notified under the industrial employment (standing orders) act, 1946. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(1)BomCR395; [2006(111)FLR944]; 2006(5)MhLj655
..... he was working in a supervisory capacity and therefore he was not an employee under section 3(13) of bombay industrial relations act, not a workman under the mrtu & pulp act and consequently the complaint was not maintainable and the labour court had no jurisdiction to ..... the labour court the petitioner filed a revision under section 44 of the mrtu & pulp act before the industrial court. ..... petitioner-company challenges the judgment and order dated 12th december, 2000 passed by the industrial court, mumbai, dismissing its revision application against the order of the labour court.2 ..... which was already adduced before it, the labour court came to the conclusion that the petitioner had indulged in an unfair labour practice, falling under item 1 of schedule iv of the mrtu & pulp act, by terminating the services of the respondent without enquiry and in colourable exercise of the petitioner's alleged contractual rights as an employer. ..... learned counsel for the petitioner submitted that the labour court erred in not giving an opportunity to the petitioner to again cross-examine the respondent further after the ..... of his service as an unfair labour practice falling under item 1 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short 'mrtu & pulp act'). ..... he therefore submitted that the revisional court ought to have intervened and set aside the order ..... he submitted that this has resulted into denial of opportunity to defend .....
Tag this Judgment!Court : Mumbai
Reported in : 1986(1)BomCR440; [1986(52)FLR39]
..... an employee charged with misconduct of a nature which (if established) is likely to lead to the imposition of any of the penalties (d) to (g) or suspension for a period exceeding 7 days under sub-clause (c) under clause (1) of standing order 21.the relevant part of standing order 23 runs as follows :'.............at the hearing of the case he shall be given an opportunity to answer the charge and permitted to be defended by his representative under section 30 of the bombay industrial relations act, 1946 or by an employee of his choice.......... ..... who appeared for the petitioners, and who appears for the respondents before us, contended that under sub-section (2) of section 22 of maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 being maharashtra act 1 of 1872 (hereinafter referred to us 'the said act of 1972'), a right was conferred on respondent no. ..... section (1) of section 13 of the act read with section 3(38) provides, very briefly, that any trade union registered under the indian trade unions act, 1926, which has for the period of three calendar months immediately preceding the calendar month in which it applies for registration as a representative union, a membership of not less than 25% of the total number of employees employed in any industry in any local area is entitled to apply to the registrar for registration as the representative union for such industry ..... was submitted by him, in the alternative, that relations between the .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(3)BomCR691; [2004(102)FLR188]; (2004)IIILLJ717Bom; 2004(3)MhLj22
..... submits that when the mill workers are entitled to continue in service under the standing orders applicable till the age of 63 years, the workmen employed in the retail cloth shop would have to be treated in the same manner although the retail cloth shop is not covered by the bombay industrial relations act ..... and the retail cloth shop are registered under the two different acts, namely, the bombay industrial relations act and the bombay shops and establishments act respectively, same benefits would be available to the retail cloth shop workers as are available to those ..... to the learned advocate for the sake of receiving benefits, the coverage by the bombay industrial relations act is not necessary as the employer cannot have two sets of service conditions for workmen ..... than 50 workmen in the retail cloth shop, the provisions of the industrial employment (standing orders) act would have been applicable in view of the provisions of section 38(b) of the bombay shops and establishments act. ..... the learned advocate for the petitioner submits that after coming into force of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 the employer cannot show favouritism to one set of workmen and give them better ..... cloth shop, with which we are concerned, less than 50 workmen were employed and therefore, the model standing orders would not apply mutatis and mutandis to the retail cloth shop employees as section 38(b) would not then come into operation. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1986Guj209; (1986)1GLR1
..... the labour courts under the bombay industrial relations act, 1946 and industrial disputes act, 1947 and the industrial courts under the bombay industrial relations act, 1946 and industrial disputes act, 1947 are courts and courts subordinate to the high court in terms of section 3 of the contempt of courts act, 1971 or rather section 10 thereof and equally nominee of the registrar acting under section 96 of the gujarat co-operative societies act, 1961 and deciding disputes under section 101 and the co-operative tribunal under that act are courts and that too ..... as per section 15, where an industrial dispute has been referred to a labour court, tribunal or national tribunal for adjudication, it shall hold its proceedings expeditiously and shall, within the period specified in the order referring such industrial dispute or the further period extended under the second proviso sub-section (2a) of section 10 submit its award to ..... held -'the officers on special duty appointed by the state government in exercise of the powers under section 3 of the maharashtra co-operative societies act 1960 under the maharashtra government notification dated 11-3-1969 are courts within the meaning of the contempt of courts act while discharging their duties under the state act'.the following pertinent observations having been made in the report 'mainly two criteria have been laid down by the decided cases in order ..... had to examine the question whether returning officer deciding on the validity of the .....
Tag this Judgment!Court : Mumbai
Reported in : (1951)53BOMLR1003
..... the appellants filed a petition in the high court of bombay, urging that contract labour were not in fact employed by them nor were they their employees within the definition contained in section 3(3)(a) of the bombay industrial relations act, 1946, and that being so, there was no industrial dispute between the appellants and the contract labour and the reference to the industrial court was without jurisdiction. ..... by a notification dated january 8, 1948, published in the government gazette, under section 2(4) of the bombay industrial relations act, 1946 (bom. ..... an industrial dispute has arisen between the maharashtra sugar mills limited, belapur road district ahmednagar, and its employees (hereinafter referred to as 'the said industrial dispute') in respect of payment of six months' wages as bonus for the year 1947-48 to all employees including the seasonal and contract labour;and whereas the provincial government is satisfied that the said industrial dispute is not likely to be settled by other meansnow, therefore, in exercise of the powers conferred by section 73 of the bombay industria relations act, 1946 (bombay act .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)ALLMR772; 2002(5)BomCR772; [2002(94)FLR367]
..... cannot take any grounds to challenge the order of dismissal other than the grounds mentioned in the letter of approach under section 42(4) of the bombay industrial relations act, 1946. ..... the petitioner is aggrieved by the judgment and order of the industrial court, maharashtra in appeal filed by the respondent company against the order of the labour court at thane directing the respondent company to reinstate the petitioner with full backwages ..... 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 enquiry officer finally concluded the enquiry and submitted his report to the respondent company finding the petitioner guilty of the ..... 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 ..... permanent employment of the respondent company as which machine man for a period of more than 20 years. ..... did not attend the enquiry on the ground that the respondent company had not paid the petitioner subsistance allowance during the suspension period, pending enquiry. ..... 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. .....
Tag this Judgment!Court : Mumbai
Reported in : [1994(68)FLR1143]; 1993(2)MhLj1660
..... 2, thereafter, through his union made an application under section 78 and 79 of the bombay industrial relations act, 1946 (the act) before the labour court challenging the order of dismissal ..... pertinent to mention that the appeal lies under section 84 of the bombay industrial relations act, 1946 to the industrial court against an order of the labour court. ..... the facts and circumstances of this case, the undisputed findings of the labour court and the industrial court regarding the graveness of the misconduct of the employee and the decision of this court referred to above, i am of the clear opinion that the industrial court acted beyond its jurisdiction in reversing the order of dismissal and substituting it with its own order ..... from a reading of the order of the industrial court, it appears that it was under the impression that while disposing of an appeal under section 84 read with section 85 of the act, it had all the powers of the domestic tribunal and hence, it was free to take a different view in any matter and substitute the opinion of the employer or the authorities below ..... far as the sufficiency of the evidence on record to prove the charge framed against the employee is concerned, the industrial court held that the labour court was perfectly justified in holding that the material evidence on record was sufficient to prove ..... of the labour court, an appeal was filed before the industrial court, maharashtra under section 84 read with section 85 of the act which was numbered as no. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1983Bom317; (1983)85BOMLR134
..... ' the expression 'bombay act' is defined by clause (1) of section 3 of the recognition of trade unions act as meaning the bombay industrial relations act, 1946. ..... iii do not apply to undertakings in industries to which the provisions of the bombay industrial relations act, 1946, for the time being apply, and the second is that, the provisions of chapter iii apply only to an undertaking wherein fifty or more employees are employed or were employed on any day of the preceding twelve months. ..... it is an agreed position that the bombay industrial relations act applies to cooperative banks which do not have a branch or other establishment outside the state of maharashtra. ..... ' sub-section (2) of the said section 2 requires a multi-unit society to furnish within the prescribed time to the registrar of co-operative societies of the state in which such branch or place of business is situated a copy of its bye-laws and if so required by such registrar to submit any returns and supply any information which the said registrar might require. ..... (3) if the number of employees employed in any undertaking to which the provisions of this chapter apply at any time falls below fifty continuously for a period of one year, those provisions shall cease to apply to such undertaking. ..... added that before taking any final decision in the matter the government desired to have the views of the said bank on the subject and further requested the said bank to forward its views within a period of fifteen days. .....
Tag this Judgment!Court : Mumbai
Reported in : (1967)69BOMLR140; 1966MhLJ1149
..... arising from non-payment of dearness allowance as stipulated under the said award and the agreement shall not be enforceable in respect of such periods;now, therefore, in exercise of the powers conferred by section 4 of the said act, the government of maharashtra hereby directs(i) that the provisions of sub-section (i) of section 42, clauses (ai), (i), (ii), and (iii) of sub-section (2), sub-sections (3), (4) and (5) of section45 of the bombay industrial relations act, 1946 (so far as they relate to change in the terms of the award or as the ease may be, the agreement applicable to the said relief undertaking ..... 2 filed an application before us for permission to amend the return to point out that an additional loan was paid to the model mills on august 5, 1965, we have allowed this amendment, but we do not accept the contention based on it. ..... if with open eyes an undertaking after it is declared as a relief undertaking enters into agreement or submits to an arbitration and an award is passed, it does not appear to be the intention of this law to give a further protection to such undertaking even in spite of the agreement or award solemnly entered into after the undertaking is declared as a relief undertaking and had full protection of the government under the different provisions of the act.19. .....
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