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Hindustan Lever and Others Vs. Hindustan Lever Mazdoor Sabha and Other ...

Court : Supreme Court of India

Reported in : AIR1994SC834; JT1993(5)SC459; 1994LabIC70; (1994)ILLJ668SC; 1993(3)SCALE894; 1994Supp(1)SCC1; [1993]Supp2SCR540

..... in this act, unless the context otherwise requires -xxxx xxxx xxxx(i) 'workman' means a workman as defined in the industrial disputes act, 1947 (xiv of 1947) or an employee as defined in the bombay industrial relations act, 1946 (bom. ..... shri shanti bhushan, learned counsel appearing for the petitioners submitted that section 13(1) of the act empowers the government to exempt any specific factory or establishment, subject to such conditions and restrictions, if any, and for such period or periods, as may be specified, if the government is satisfied that it is just and proper to do so in public interest or for any special reasons mentioned therein and in deciding the question whether the notification is in accordance with section 13, the substance of the notification as a whole should be considered ..... some of the employees unions, who figure a respondents herein, filed a batch of writ petitions challenging the validity of a notification dated 9.10.92 issued by the industries, energy and labour department of the state government of maharashtra exercising the powers conferred by section 13 of the maharashtra workmen's minimum house-rent allowance act, 1983 ('act' for short). ..... with a view to provide for payment of minimum house-rent allowance to workmen employed in industries in maharashtra and to provide for matters connected therewith, the act was enacted in the year 1983 which received the assent of the president on 5.10.88, and was published in the official gazette on 17.10.88. .....

Mahindra and Mahindra Ltd. Vs. General Employees' Union and Ors.

Court : Mumbai

Reported in : 2006(6)BomCR150

..... definition of 'employee' in section 3(13) of the bombay industrial relations act, 1946. ..... three issues which arose for determination:(i) what is the true and correct import of the expression 'appropriate government' as defined in clause (a) of sub-section (1) of section 2 of the clra act;(ii) whether the notification dated december 9, 1976 issued by the central government under section 10(1) of the clra act is valid and applies to all central government companies; and(iii) whether automatic absorption of contract labour, working in the establishment of the principal ..... supreme court observed thus:but one thing is clear - if the employees are working under a contract covered by the contract labour (regulation and abolition) act then it is clear that the labour court or the industrial adjudicating authorities cannot have any jurisdiction to deal with the matter as it falls within the province of an appropriate government to abolish the same. ..... rule 85(2) provides that where the canteen is managed by a co-operative society registered or deemed to be registered under the maharashtra co-operative societies act, 1960 such a society may include in the charges to be made for any such food, drink or other items served, a profit of upto 5% of its ..... hence, it has been submitted that since the canteen is maintained pursuant to the obligation cast by section 46, all the employees of the canteen are deemed to be employees of the occupier of the factory and this being the deeming fiction of law, a .....

Municipal Corporation of Gr. Bombay Vs. General Secretary, BEST Worker ...

Court : Mumbai

Reported in : 2008(6)BomCR479

..... , the punishment of stoppage or postponement of an annual increment at the end of two years and every two years thereafter, if necessary, in the light of the record during the respective two years, if the employee or his representative under section 30 of the bombay industrial relations act, 1946 makes a request to that effect, on the expiry of a period of not less than two years from the date the punishment was given effect to, such a review will be made within ..... approved union, the punishment of reduction in grade at the end of two years and every two years thereafter, if necessary, in the light of the record during the respective two years, if the employee or his representative under section 30 of the bombay industrial relations act, 1946 makes a request to that effect, on the expiry of a period of not less than two years from the date the punishment was given effect to. ..... act the existing settled standing order should be altered after the applicant union and the management undertaking finalise the draft for inclusion at the appropriate place in the existing settled standing orders and submit the same for settlement under section 39(1) of the bombay industrial relations act, 1946.11. ..... 96 of 2003 before the industrial court, maharashtra state. ..... the date on which the settled standing order is entered into the register by the assistant registrar under the b.i.r. ..... by consent, rule is made returnable forthwith.2. .....

Bank Karmachari Sangh Vs. the Cosmos Co-operative Urban Bank Ltd. and ...

Court : Mumbai

Reported in : 1998(1)ALLMR255; 1998(2)BomCR692; 1998(1)MhLj297

..... the petitioner is a trade union registered under the trade unions act, 1926 and also registered as the representative and approved union under the bombay industrial relations act, 1946 in respect of employees employed in the co-operative bank industry in the local area of pune cantonment and pune municipal corporation limits. ..... shaligram were only suspended pending receipt of permission from the labour court under section 101(2-a) of the bombay industrial relations act as they were protected employees. ..... orders of their suspension were issued pending approval under section 101(2-a) of the bombay industrial relations act. ..... doshi, learned counsel appearing on behalf of the national textile corporation, submitted that the provisions of section 11-a of the industrial disputes act are not available and, therefore, it is not permissible to examine the sufficiency of punishment. ..... the first respondent is a co-operative society registered under the provisions of the maharashtra co-operative societies act, 1960, carrying on the business of banking in its establishment in pune. ..... evidence was recorded over a period of 2 years between 1985 and 1987. ..... the employees were informed that they would not be entitled to any wages or allowances during the period of suspension. .....

Division Controller M.S.R.T.C., Bhandara Vs. Gulab Tanbaji Bhandarkar

Court : Mumbai

Reported in : 1998(3)ALLMR1; 1998(4)BomCR537; 1998(1)MhLj818

..... of the industrial disputes act and the bombay industrial relations act were also noted and the lacuna was indicated in both the acts which did not provide for provisions for reference of unfair labour practice which has been provided for in the maharashtra act. ..... act could interfere with the quantum of punishment not because of section 11-a of the industrial disputes act but on the reading of item 1(g) of schedule iv to the maharashtra recognitions of trade unions and prevention of unfair labour practices act ..... question which requires consideration is the order of the labour court which invoked jurisdiction under section 11-a of the industrial disputes act, 1947 for interfering with the punishment imposed by the disciplinary authority. ..... power, therefore, in the labour court or in the industrial court to interfere with the punishment is not traceable to section 11-a of the industrial disputes act but traceable to section 30 read with items in schedule iv of the m.r.t.u ..... no other material the discretion exercised by the labour court could not be said to be illegal and improper warranting interference by the industrial court in the exercise of its jurisdiction under section 44 of the maharashtra recognitions of trade unions and prevention of unfair labour practices act.in so far as the revision preferred by the workman regarding failure to award backwages the industrial court held that the labour court had refused backwages as that would be a proper and appropriate punishment. .....

State Transport Co-operative Bank Ltd. and anr. Vs. Shankar Gopal Pagi ...

Court : Mumbai

Reported in : (2005)IILLJ80Bom

..... application under sections 78 and 79 of the bombay industrial relations act, 1946. ..... the earlier order passed under mrtu and pulp act and pleaded that application under sections 78 and 79 of the bombay industrial relations act was barred in view of the provisions of section 59 of the mrtu and pulp act. ..... application under the bombay industrial relations act was heard ..... order the learned single judge set aside the orders passed by the labour court and industrial court and remanded the matter to the labour court to be decided afresh in accordance ..... being aggrieved by the labour court and the industrial court the respondent workman preferred a writ petition which came to be allowed by the learned single judge on the sole ground that the respondent was asked 72 questions after the management's representative has finished cross examination of the respondent and it is therefore obvious that the inquiry officer had not acted as a judge but rather as a prosecutor and, therefore, the inquiry is ..... is a co-operative society registered under the provisions of maharashtra co-operative societies act, 1960 and is inter alia engaged in the business ..... by the inquiry officer seek to plug the loopholes in the cross examination conducted by the management's representative.it is obvious that the enquiry officer has not acted as a judge but rather as a prosecutor and, therefore, the inquiry must be set aside. ..... not withdrawn by the respondent within three months, the same may be returned to the appellant bank.13. .....

Employees State Insurance Corporation Vs. H. Fillunger and Co. Pvt. Lt ...

Court : Mumbai

Reported in : 2008(6)ALLMR674; 2008(5)BomCR513; [2008(119)FLR641]; (2009)ILLJ491Bom

..... the state of maharashtra, the state government has issued notifications appointing the industrial courts / tribunals established under the industrial disputes act, 1947, the bombay industrial relations act, 1946 and the mrtu & pulp act, 1971 as the ..... years of age and has practised as an advocate in the high court or any courts subordinate to it, for not less than ten years;(c) by transfer of suitable district judge.in short the presiding officers of the industrial court / employees' insurance court are the judicial officers in the cadres of district judge and undoubtedly they are members of the judicial service within the meaning of article 236(b) of the constitution as has been ..... as per section 77 the proceedings before an employees' insurance court shall be commenced by an application and every such application shall be made within a period of three years from the date on ..... jaykar, learned counsel for the appellants submitted that the employees' insurance court constituted under the esi act is not a civil court and ..... the respondents submitted that an appeal is a vested right and, therefore, under clause 15 of the letters patent of the calcutta high court, the appellants have a statutory right to prefer appeal irrespective of the fact that no appeal has been provided against the order of the learned single judge under the act. ..... - an employees' insurance court may submit any question of law for the decision of the high court and if it does so shall decide the question pending before it .....

Moil Jan Shakti Majdoor Sangh Vs. Union of India

Court : Madhya Pradesh

..... , bombay industrial relations act, 1946, maharashtra recognition of union and prevention of unfair practice act, m.p ..... reliance is placed on clause 12 and 13 of code of discipline and section 16 of bombay industrial relations act 1946 to bring home the submissions that there is no automatic cessation of status as representative union even after expiry of two years. 25 ..... 10.8.2000 (annexure p/13 filed along with rejoinder) whereby, the secretary, ministry of labour has clarified that, in cases where recognized unions have already enjoyed the status of representative union under the code of discipline for a period of two years, it is not necessary to consult all the trade unions including the recognized union of the membership for the purpose of recognition, and such cases be reviewed and fresh verification undertaken, and that wherever ..... a union for recognition under the code of discipline, the central/state implementation machinery will first ascertain:- (a) the names of unions functioning in the establishment together with their members and date of registration by reference to the registrar of trade union concerned; (b) whether any of the unions functioning in the establishment was responsible for an established breach of the code during the past one year. ..... shri vikram singh learned counsel appearing for respondents no.1 to 3 on the basis of the relief sought and return filed, has to submit that the petition is premature, as the respondents no.1 to 3 have taken initiatives to conduct. .....

Moil Janshakti Mazdoor Sangh Vs. Union of India

Court : Madhya Pradesh

..... reliance is placed on clause 12 and 13 of code of discipline and section 16 of bombay industrial relations act 1946 to bring home the submissions that there is no automatic cessation of status as representative union even after expiry of two ..... was, therefore, thought prudent in the interests of stable industrial relations and industrial peace to evolve a mechanism whereby the bargaining agent on behalf of the workers will have a durable stability as such agent, with a guarantee of unin-terrupted loyalty of its members and an unquestionable representative character over a certain period of time. ..... 2000 (annexure p/13 filed along with rejoinder) whereby, the secretary, ministry of labour has clarified that, in cases where recognized unions have already enjoyed the status of representative union under the code of discipline for a period of two years, it is not necessary to consult all the trade unions including the recognized union of the membership for the purpose of recognition, and such cases be reviewed and fresh verification undertaken, and that 18 ..... shri vikram singh learned counsel appearing for respondents no.1 to 3 on the basis of the relief sought and return filed, has to submit that the petition is premature, as the respondents no.1 to 3 have taken initiatives to conduct. ..... has under its control the largest and the deepest manganese ore mines located at bhaveli, tirodu and ukwa in district balaghat in the state of madhya pradesh and some part of maharashtra state. ..... maharashtra. .....

Nagpur District Central Co-operative Bank Vs. State of Maharashtra and ...

Court : Mumbai

Reported in : 1987(3)BomCR83; 1987MhLJ593

..... a short question which is raised in this patent appeal on behalf of the appellant is that unless an approach notice under section 42(4) of the bombay industrial relations act, 1946 (for short, 'the b.i.r. ..... industrial tribunal, bombay in which the similar provisions in relation to the definition of the expression 'workman' given in section 2(s) of the industrial disputes act, 1947 were considered.5. ..... it may be stated at this stage that as per section 3(5) of the act if the industry to which this act is applicable is governed by the b.i.r. ..... act as is clear from the definitions of the expressions 'industrial dispute' and 'industrial matter' given in sections 3(17) and 3(18) of the said act respectively. ..... act the definition of the word 'employee' given in the said act and if the industry to which this act is applicable is governed by the industrial disputes act, 1947, the definition of the word 'workman' given in the said act would be applicable under this act. ..... act the would not be an employee within the meaning of the said expression under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short, 'the act') also and his application, therefore, under the said act would not maintainable. ..... act is also mandatory for claiming the relief under the maharashtra recognition of trade union and prevention of unfair labour practices act. ..... and berar act') which was then applicable in the vidarbha region of the state of maharashtra. .....