Court : Mumbai
Reported in : 1998(4)ALLMR636; 1999(1)BomCR840; 1998(3)MhLj214
..... (b) whether the termination of service of an employee who is not covered under the provisions of the industrial disputes act, 1947 or the bombay industrial relations act, 1946, amounts to a dispute touching the management or business of a society, within the meaning of section 91(1) of the maharashtra cooperative societies act and(c) whether the petitioners are entitled to claim the relief of reinstatement in service with back wages and continuity, in an appropriate legal proceeding.2. ..... society other than a notified society under section 73-c or a society specified by or under section 73-g, or refusal of admission to the membership by a society to any person qualified therefor [or any proceeding for the recovery of the amount as arrear of land revenue on a certificate granted by the registrars under sub-section (1) or (2) of section 101 or sub-section (1) of section 137 or the recovery proceeding of the registrar or any officer subordinate to him or an officer of society notified by the state government, who is empowered by the registrar under sub-section (1) of section 156] not be deemed to be a dispute for ..... the learned counsel for petitioners vehemently submitted that if the petitions are held to be not tenable under article 226 of the constitution of india, the petitioners are left with no remedy as they cannot approach the co-operative court under section 91(1) of the maharashtra co-operative societies act, 1960. .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(2)ALLMR486; 1998(3)BomCR128; (1998)1BOMLR597; [1998(79)FLR202]; 1998(1)MhLj915
..... 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. ..... industrial disputes act, 1947 or bombay industrial relations act, 1946. ..... the apex court was considering the right of a representative union to represent the employees in a complaint made into unfair labour practices under the provisions of the bombay industrial relations act, 1946. ..... 2 and 6 of schedule iv only and the same is conferred on the representative of the employees entitled to appear under section 30 of the bombay industrial relations act. ..... the apex court thereafter observed that the act sought to supplement and cover the field for which the industrial concerned and governed by the industrial disputes act and bombay industries relation act did not get any coverage. ..... rules have been made where by model standing orders for various categories of workmen have been framed in the state of maharashtra and which are known as the bombay industrial employment (standing orders) rules, 1959. ..... by virtue of section 12a notwithstanding anything contained in sections 3 to 12, for the period commencing on the date on which the act becomes applicable to an industrial establishment and ending with the date on which the standing orders as finally certified under the act came into operation, the prescribed model standing orders shall be deemed to be adopted in that establishment. ..... by consent made returnable and heard forthwith.3. .....
Tag this Judgment!Court : Mumbai
Reported in : 1987(3)BomCR74
..... this petition is directed against the order of the first labour court holding that a complaint by an employee under section 28 (1) of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the unfair labour practices act'), is not maintainable, without his complying with the provisions of section 42(4) of the bombay industrial relations act, 1946 (hereinafter referred to as 'the bombay act').2. ..... under sub-sections (1) and (2) of section 3 thereof; in this act, unless the context requires otherwise, 'bombay act' means the bombay industrial relations act, 1946, and 'central act' means the industrial disputes act, 1947. ..... in this view of the matter, the order passed by the first labour court, dismissing the complaint under section 28(1) of the unfair labour practices act, 1971, because the provisions of section 42(4) of the bombay industrial relations act were not complied with, cannot be sustained. ..... on every such complaint as far as possible within a period of six months from the date of receipt of the complaint, and may direct an investigation into the complaint by an investigating officer who may also make efforts to promote settlement of the complaint, and the court has to give its decision in the event it finds that the complaint has not been settled satisfactorily after considering the complaint.under section 29, an order of the court shall be binding .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(4)BomCR692; [2006(108)FLR665]
..... this material, the industrial court could not have possibly come to the conclusion that the respondent was an employee within the meaning of section 3(13) of the bombay industrial relations act, 1946 and an employee within the meaning of section 3(5) of the maharashtra recognition of trade unions and prevention of trade unions act, 1971. ..... submission is that the respondent was not an employee within the meaning of section 3(13) of the bombay industrial relations act, 1946 and that therefore, the industrial court had no jurisdiction to entertain the complaint under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. ..... the circular then states that government has directed that if investigation cannot be completed within a period of six months or the extended period granted by the chief secretary, the order placing the government servant under suspension should be revoked and he should be permitted to resume duties by posting him to a different post or by ..... in so far as the revocation of suspension was concerned, the industrial court relied on a government circular dated 18th september, 1974 which it was submitted ex facie applies to a government servant and would not apply to an employee of ..... hence, it was submitted that the suspension was illegal and reliance was placed on a government circular dated 18th september ..... moreover, it was submitted that the undertaking had also concluded its investigation and the disciplinary enquiry was .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR605; 2009(6)MhLj268
..... referring to provisions of clause 18 of section 3 of the bombay industrial relations act, she submitted that this was an industrial matter pertaining to change and therefore, in view of the provisions of the bombay industrial relations act notice of change was required to be given. ..... next she submitted that the question had already been raised by the reference before the industrial court and by award dated 20th april, 1987, the court held that the reference was not competent under the industrial disputes act, since provisions of bombay industrial relations act applied to the industry carried on by the handloom corporation. ..... by the state handloom corporation takes exception to the order passed by learned member, industrial court, nagpur allowing respondents workmens' complaint under the maharashtra recognition of trade unions and prevention of unfair labour practices act ('mrtu & pulp act' for short), holding the petitioner guilty of engaging in unfair labour practice within the meaning of items 5 and 9 in schedule iv to the mrtu & pulp act, and directing the petitioner to bring the respondents on the timescale prescribed for the ..... all his rights and there is no question of his again agitating for any kind of his past rights with his erstwhile employer including making any claim with regard to enhancement of pay scale for an earlier period. .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(1)MhLj173
..... the second limb of his argument is, in the written statement filed before the industrial court in that matter, application of provisions of the bombay industrial relations act to the petitioner industry and availability of elected representatives therein was specifically pleaded and was also established while cross examining the ..... (supra), shows that there the interim relief protecting the services of the employees was granted by the industrial court and this court has found that under item 1 of schedule iv, that jurisdiction was exclusively vested with the ..... if the employer petitioner does not pay wages to the employees as directed by the industrial court, the employees can seek to execute the orders of industrial court dated 4/7/2007 in accordance with law, wherein entire exercise of computation can be ..... 1367/1997 before industrial court, nagpur, for declaration of unfair labour practice under item 9, schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, (hereinafter referred to as act 1 of 1972) and sought direction that the petitioner should be directed to provide work to its members with wages ..... of entry, period of work, post on which they worked or their wages and hence, in absence of all these details, no reliefs could have been given by the industrial court. ..... shri khan further states that the provisions of section 21(2) of the act no. ..... he states that section 28 thereof permits the individuals or their union to maintain such .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(6)ALLMR708; 2006(5)BomCR616; (2006)IIILLJ628Bom
..... in that case the supreme court was dealing with the question of correct interpretation of section 3(25) of the bombay industrial relations act, 1946 (for short 'the bir act'). ..... had so behaved and had not attracted the adverse effect laid down in the proviso, then only such member will be treated to have continued as per the main part of section 3(25) but if it is shown that during the block of june 1981 to november 1981 for a period of more than three calendar months he was in arrears, meaning thereby, as seen from the explanation to the proviso, the subscription of such a member for a particular calendar month during ..... a conjoint reading of these rules and the definition of 'member' under section 3(11) of the act, he submited, clearly show that the respondent-union had 30 per cent of total number of the employees as its members for the whole of the period of six calendar months immediately preceding the calendar month in which they applied for its recognition. 9. ..... we are of the considered opinion that the judgment of the apex court in maharashtra grini kamgar union's case (supra) squarely applies to the facts of the present case. 27. ..... the appellant-union therein, on 24.3.1982, had moved an application before the registrar functioning under the bir act for cancellation of the registration of respondent no.4-union as the representative union of workmen in the textile industry for the local area of the bombay as per provisions of section 15(b)(ii) of the bir act. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR91
..... act by an employee as defined under section 3(13) of bombay industrial relations act is maintainable although no direct relationship as employer-employee exists between him and principal employer if he is employed by contractor who undertakes whole or any part of the work which is ordinarily the work of ..... full bench observes as follows:perusal of the said judgment reveals that reference to full bench was necessitated in view of definition of 'employee' in section 3(13) of bombay industrial relations act. ..... the contract with one and establishment of a legal relationship with another can be done only in a regular industrial tribunal/court under the id act.shri khadgi learned counsel for the petitioners submits that the court is in fact bound to frame an issue, once such dispute is raised and answer ..... status as a workmen is established in an appropriate forum that a complaint could be made under the provisions of the mrtu and pulp act.faced with this situation it was submitted that the respondent company had always recognised the members of the appellant union to be their own workmen. ..... the petition are as follows:the petitioners filed a complaint under section 28 of the maharashtra recognition of trade union & prevention of unfair labour practices act read with item no. ..... propped by particulars and clinched by the production of documents such as mustercumwage register, cash register, bonus register, leave register, audited balance sheet and profit and loss account for the relevant period. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(4)MhLj596
..... establishment of the petitioner was covered under the provisions of the bombay industrial relations act, 1946 (hereinafter referred to as the said act of 1946) and, therefore, in view of the provisions of the said act of 1946 the petitioner was employer and the respondent no. ..... 'therefore, it is clear that even after considering the definition of employer and employee in the said act of 1946 and after considering its own judgment in the case of maharashtra sugar mills, the apex court came to the conclusion that it cannot be said that when the contractor engages a contract labour in connection with the work of principle employer, the relationship of master and ..... he further submitted that if as per the provisions of sections 2(13) and 2(14) of the said act of 1946, the petitioner is the employer of ..... all these petitions as industrial disputes and refer the same to the industrial tribunal within a period of eight weeks from ..... said statement, the execution of the impugned judgment and order was stayed subject to the condition of the petitioner depositing the entire backwages in the labour court within a period of two weeks and subject to further condition of the petitioner depositing the salary payable to respondent no. ..... the industrial tribunal is directed to decide references made in all these petitions within a period of nine months from the date of the ..... guards was to expire on 31st march, 1986, it was informed that the petitioner was not intending to extend the period of the agreement. .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(3)ALLMR666; [2001(91)FLR127]; (2002)IVLLJ975Bom
..... the respondent-bank had, therefore, raised a preliminary issue contending that the petitioner was not an employee as per the definition of sub-section 13 of section 3 of the bombay industrial relations act, 1946 and on that count the labour court did not have jurisdiction to entertain the application.2. ..... the cross examination of the petitioner clearly indicates the nature of his duties and responsibilities and that supports the contention of the bank that he was not an employee as defined under sub-section (13) of section 3 of the bombay industrial relations act, 1946.9. ..... the learned counsel for the petitioner has argued that the question as to whether the present case is governed by the provisions of sub-section (13) of section 3 of the bombay industrial relations act or not is to be considered not from the designation of the post which he is holding but from the nature of the work he is discharging from that post ..... according to the petitioner, the respondent-bank is governed by the provisions of the bombay industrial relations act, 1946. ..... short question that arises in this petition is as to whether the petitioner was an employee as defined in sub-section (13) of section 3 of the bombay industrial relations act at the time of his dismissal from the service. ..... the cross examination further indicates that he had to entertain correspondence with co-operative department of the state of maharashtra, agricultural department of the state of maharashtra, reserve bank of india and apex bank. .....
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