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The State of Maharashtra Vs. Labour Law Practitioners' Association and ...

Court : Supreme Court of India

Reported in : 1998IIAD(SC)20; AIR1998SC1233; [1999(82)FLR380]; (1998)2GLR1079; JT1998(1)SC604; (1998)ILLJ868SC; 1998(1)SCALE565; (1998)2SCC688; [1998]1SCR793

..... under the bombay industrial relations act, as it originally stood, section 9 provided that no person shall be eligible to be appointed as a judge of the labour court unless he possessed the qualifications, other than the qualification of age, laid down under article 234 of the constitution for being eligible to enter the judicial service in the state of maharashtra. ..... however, in view of the amendments carried out in the industrial disputes act and the bombay industrial relations act, the state government felt that it was open to the state government to appoint assistant commissioners of labour working under the state government for a period of not less than five years and holding a law degree, to the office of the presiding officers of labour courts. ..... 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 the office not lower in rank than that of deputy registrar of 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 of labour .....

Kolhapur Sugar Mills, Ltd. Vs. Syed Taki Bilgrami and anr.

Court : Mumbai

Reported in : (1968)ILLJ800Bom

..... section 42(2) of the bombay industrial relations act, 1946, provides that an employee desiring a change in respect of an industrial matter must give a notice in the prescribed form to the employer who is to forward a copy of the same to the conciliator for the industry concerned for that local area. ..... petitioner-company originally owned an agricultural estate of 1,135 acres of land on which sugarcane was cultivated by it, but after the maharashtra agricultural lands (ceiling on holdings) act, 1951, was passed, under the provisions of that act, a major part of the estate owned by the petitioner-company was taken over by the government and handed over to the maharashtra state farming corporation, leaving only 79 acres of agricultural land for the petitioner-company itself, as from 1 august, 1963. ..... ' it is also an admitted position that the petitioner-company entered into long-term contracts for periods of seven years for that purpose. ..... further argued that, in order to constitute such connection, the operations in question must be carried on, on premises owned by the petitioner-company and, in fact that was the entire backbone of the argument which sri narayanaswami has submitted before us in this case. ..... 3(37) as meaning each concern in any industry as is recognized by the registrar under s. .....

Woollen Kamgar Sanghatana, Vs. Seth Industries Ltd.,

Court : Mumbai

Reported in : 2005(1)BomCR338; (2005)ILLJ1145Bom

..... question for consideration in this appeal is: does a representative union under the bombay industrial relations act, 1946 (bir act) have the exclusive right to represent the employees of the concerned industry 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 schedule iv ..... as already indicated above, in the present case the employee belongs to an undertaking to which bombay industrial relations act applies and he has challenged his transfer order whereby he has been transferred by the employer from nasik to bombay and according to the employee such transfer order is unfair labour practice under items 3 and 9 of schedule iv ..... act including sections 20 and 21, it is clear that any affected employee in an undertaking to which industrial disputes act applies or in an undertaking to which bombay industrial relations act, as the case may be may file complain aggrieved by an unfair labour practice and it cannot be said that such complaint has to be filed by a recognised union or ..... learned advocate sought to distinguish the case before the supreme court by submitting that the facts in that case were dissimilar to the facts before ..... under item 9 of schedule iv of the mrtu & pulp act for payment of wages for the period from 1986 onwards to the tune of rs. ..... were passed directing the respondent to pay wages for a certain period. .....

Sri Visakha Grameena Bank Employees Association, Srikakulam Vs. Govern ...

Court : Andhra Pradesh

Reported in : (1992)ILLJ72AP

..... the 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 recognised union. ..... according to the criteria in the code, a union claiming recognition should have been functioning atleast for a period of one year as a registered union and should have the specified membership. ..... 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 may, ..... in the report submitted in 1969 by the national commission on labour headed by sri p. b. .....

Suresh Navnitlal Shah, Vs. Hindustan Spg. and Weaving Mills Co. Ltd. a ...

Court : Mumbai

Reported in : 2002(3)ALLMR783; 2002(3)BomCR571; [2002(94)FLR560]

..... this petition challenges the order of the industrial court dated 15th december, 1998 declaring that the petitioner is not an 'employee' under the provisions of section 3(13) of the bombay industrial relations act, 1946 (hereinafter referred to as '1946 act').2. ..... the petitioner, therefore, filed a complaint under item 1(b) and (f) and item 9 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as the '1971 act') alleging that the first respondent had terminated his service in breach of the conditions of service applicable to him. ..... bombay industrial relations act, 1946, the definition of 'employee' as contained in the bombay industrial relations act, 1946 would prevail. ..... section 3(13) of the 1946 reads as under :-'3(13) 'employee' means any person employed to do any skilled or unskilled work for hire or reward in any industry, and includes---(a) a person employed by a contractor to do any work for him in the execution of a contract with an employer within the meaning of sub-clause (e) of clause (14);(b) a person who has been dismissed, discharged or retrenched or whose services have been terminated from employment on account of any dispute relating to change in respect of which notice is given or an application made under .....

Shetkari Sahakari Sakhar Karkhana Ltd. Vs. S.B. Shete, Presiding Offic ...

Court : Mumbai

Reported in : 1998(2)ALLMR517; 1998(2)BomCR52; [1998(79)FLR272]

..... after accepting the same an appeal is made to the management and representatives of the union in the sugar industry that they should take steps to enter into agreements incorporating the decision given by the chairman of the committee and accepted by the state government after following the procedure laid down under the bombay industrial relations act, 1946, to which the sugar industry in the state of maharashtra is amenable. ..... have been entered into after giving of a notice of change and consequently, they were legally binding on all the employees in the sugar industry in the local area by virtue of sections 30 and 114 of the bombay industrial relations act, 1946. ..... the government labour officer and five elected representatives of the employees were acting as representatives of the employees within the meaning of section 30(iv) to (vi) of the bombay industrial relations act, 1946. ..... the government labour officer and the 5 elected representatives of the employees gave a notice of change dated 5th january, 1979 under section 42(2) of the bombay industrial relations act, 1946, demanding permanency of employees, wage scales for permanent and temporary employees, implementation of the recommendations of the second central wage board and implementation of the patil ..... it was submitted that the district deputy registrar had no authority under the law to sign any compromise on behalf of ..... suggested that the recommendations should be operative for a period of 5 years from 1st november, 1969. .....

Ashok Shridhar Athavale Vs. Ratansi Muljee of Bombay Chairman of Finla ...

Court : Mumbai

Reported in : (1993)IIILLJ367Bom; 1991(1)MhLj713

..... respondents therein) made the necessary applications before the labour court under section 79 of the bombay industrial relations act, 1946, relying upon the same very notification i.e. ..... doshi that the cases interpreting section 3(13) of the bombay industrial relations act, 1946 cannot be useful for the purpose of interpreting and applying clauses (a), (b) or (d) of the said notification dated 30th may, ..... section 122 of the bombay industrial relations act, 1946 provided that thebombay industrial disputes act, 1938 was repealed, subject to the saving clause ..... from 18th october, 1983 so as to attract section 3(13) of bombay industrial relations act, 1946 and other relevant provisions.3. ..... dated 30th may, 1939 issued by the then government of bombay in exercise of powers conferred on it under the bombay industrial disputes act, 1938, and continued in force by the government of maharashtra after coming into force of tile abovereferred act of 1946. ..... since the operation of this judgment and order shall remain stayed for a period of twelve weeks from today, if the respondents file an appeal against this judgment, they shall serve one week's notice on the advocate for the ..... 'the learned counsel submitted that if the mill could exist without a retail cloth shop and the closure of retail shop did not necessarily lead to the closure of the mill, it followed that the test of functional integrality between ..... it has been submitted by the learned counsel that the legislative intention was therefore .....

Vijay K. Mehta and anr. Vs. Charu K. Mehta and ors.

Court : Mumbai

Reported in : 2008(5)ALLMR366; 2009(1)BomCR179

..... , and under the enactments repealed by the said act;(iii) the orders passed under the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971(iv) the orders passed under the industrial disputes act, 1948;(v) the orders made in applications under the bombay industrial relations act, 1946;(vi) the orders passed under the maharashtra restoration of lands to scheduled tribes act, 1974 (act xiv of 1975)(vii) the orders passed under the maharashtra co-operative societies act, 1960;(viii) the orders passed under chapter ..... in cases of such a serious nature, if the charity commissioner issues notice prior to the passing of the order under sub-sections (3) or (4) of section 41-d, then obviously, the trustees who are mismanaging the trust would have an opportunity to do away with the trust property and the purpose of enquiry would be defeated. ..... 2 submitted that he would fully support the argument of the petitioners and would pray for transposing respondent no. ..... rule made returnable forthwith by consent. .....

State of Kerala Vs. B. Renjith Kumar and ors.

Court : Supreme Court of India

Reported in : 2008(4)AWC3567(SC); 2008(56)BLJR2023; [2008(118)FLR322]; JT2008(8)SC559; 2008(3)KLT33(SC); (2008)IIILLJ853SC; 2008(9)SCALE557; 2009(1)SLJ187(SC); 2008AIRSCW4279; 2008LABIC2621; 2008-III-LLJ-853; 2008(4)Supreme609

..... with and interpreting the provisions of articles 233, 234, 235, 236(a) and (b) and section 3(17) of general clauses act, bombay industrial relations act, 1946 and maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, held: (para 5 scc p. ..... labour law practitioners' association : (1998)illj868sc , the question before the high court was whether notification dated 8.3.1979 issued by the state of maharashtra under the id act, 1947 and the bombay industrial relations act and the amended section 7 of the id act, 1947 insofar as these provisions authorised the appointment of assistant commissioners of labour working as judges of the labour court were void and illegal and contrary to ..... (3) a person shall not be qualified for appointment as the presiding officer of a tribunal unless- (a) he is, or has been, a judge of a high court; or (aa) he has, for a period of not less than three yeas, been a district judge or an additional judge (b) * * * * * * (c) he has for not less than five years been a presiding officer of a labour court, constituted under any law for ..... the respondents were denied the said benefits of the scales of pay and, accordingly, they submitted representation on 7.1.2002 to the secretary to the government, (labour and rehabilitation department) requesting for the grant of same scales of pay as that of the district ..... the respondents submitted a representation to the state government seeking extension of the benefit of interim relief in .....

Forbes and Co Ltd and anr. Vs. the Official Liquidator of the Swadeshi ...

Court : Mumbai

..... therefore, the memorandum of understanding with rashtriya mill mazdoor sangh ought not be held to be conclusive and decisive of all claims and dues of the workers.15 ms.cox submits that once the company is in liquidation, then, the bombay industrial relations act, 1946 or the maharashtra recognition of trade union and prevention of unfair labour practices act, 1971, are inapplicable. ..... (3) a copy of every order made under this section shall forthwith be forwarded by the company, or otherwise as may be prescribed, to the registrar, who shall make a minute of the order in his books relating to the company. ..... the united states and england that maximisation of social welfare should be the legitimate goal of a company and shareholders should be regarded not as proprietors of the company, but merely as suppliers of capital entitled to no more than reasonable return and the company should be not only to shareholders but also to workers,consumers and the other members of the community and should be guided by considerations of national economy and progress. ..... we are therefore satisfied that the company court was bound to consider whether the liquidation was liable to be stayed for a period or permanently while adverting to the question whether the scheme is one for revival of the company or that part of the business of the company which it is permissible to revive under the relevant laws or whether it is a ruse to dispose of the .....