Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 19 periodical returns to be submitted to registrar Page 7 of about 177 results (0.053 seconds)

Mrf United Workers Union Rep. by Its General Secretary Vs. Government ...

Court : Chennai

Reported in : (2009)IVLLJ685Mad

..... similarly, under the bombay industrial relations act, 1946, which applies to specific industries in maharashtra and gujarat, the recognition of the collective bargaining agent is on the basis of the larger membership arrived at on the basis of the verification. ..... this union submits that the settlement deed dated 9th may, 2009 is a settlement under section 18(1) of the industrial disputes act, 1947 (in short 'the act'), which is binding only on the parties to the settlement. ..... the representative of the workmen on the works committee under section 3 of the act are to be elected in the manner provided under part vii of the industrial disputes (central) rules, 1951. ..... under clause-3 they have to submit a list of their members who have paid subscription for at least 3 months during the period of six months immediately preceding the date of reckoning along with the membership register, counter foils, cash and account books, bank books and the constitution of the union. ..... the industrial disputes act, 1947 has now introduced the concept of unfair labour practice and section 25-t of the act prohibits unfair labour practice on the part of the employers, workmen and also the trade union. ..... on appeal, 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 obvious reasons. .....

Sangali Dist. Central Co-operative Bank Ltd. Vs. Tukaram Atmaram Jadha ...

Court : Mumbai

Reported in : (1997)IIILLJ1247Bom

..... under section 84 of the bombay industrial relations act, 1946 (hereinafter referred to as act'). ..... was not vitiated for not framing the preliminary issue as to the validity of the domestic enquiry, the industrial court was of the view that the refusal of the petitioner-employer to permit the first respondent to be represented in the domestic enquiry by an authorised office-bearer of the general workers union was a contravention of the right under section 22(ii) of the mrtu & pulp act, 1971 and, therefore, the enquiry was bad in law. ..... in the absence of an application reserving leave to lead evidence on the merits of the charges in the written statement or contemporaneously therewith, the industrial court could have granted such liberty to the petitioner at the late stage when the appeal was beard before it. ..... of the division bench clearly supports the proposition relied upon by the industrial court and, therefore, the industrial court was right in holding that the domestic enquiry held against the first respondent was contrary to the express provisions of the mrtu & pulp act, particularly section 22(ii) of the act. ..... consequently, the first respondent had the right to be represented by general workers union by virtue of section 22(ii) of the mrtu & pulp act and the enquiry officer and the petitioner acted contrary to the terms of the said statute in declining permission to be represented by an office- ..... operative society registered under the maharashtra co-operative societies act, 1960. .....

The Ichalkaranji Urban Co-operative Bank Ltd. Vs. Shri Vilas Hanmant A ...

Court : Mumbai

Reported in : 1998(1)BomCR704

..... standing order which have been attached with the writ petition shows that the standing order have been settled by the commissioner of labour under section 35(2) of the bombay industrial relations act, 1946 for employees in the co-operative banks mentioned in the schedule appended thereto. ..... order applicable to its employee, which have been duly certified by the commissioner of labour, bombay under section 35-c of the bombay industrial relations act, 1946. ..... rejected by holding that the dispute in the case fell within the powers of the labour court under section 33-c(2) of the industrial disputes act and the labour court was right in holding that the workman was entitled to the special allowance. ..... appeal by special leave was filed against the order of the labour court upholding the claim of the workman for supervisory allowance in an application under section 33-c(2) of the industrial disputes act from the commencement of the new definition of workman i.e.29th august, 1956 to 31st december, 1961. ..... workman has cited a number of judgements to the effect that it is open to the labour court when exercising power under section 33-c(2) of the industrial disputes act to interpreter the various provisions of the settlements and awards. ..... it was submitted that he was appointed as apprentice for a period 8th june, 1981 to 30th october, 1983 and subsequently with effect from 1st november, 1983 he is made permanent ..... co-operative bank registered under the maharashtra cooperative societies act, 1960. .....

Chhotabhai Jethabhai Patel Vs. Industrial Court, Nagpur

Court : Mumbai

Reported in : 1967MhLJ40

..... we have already pointed out that the amendments effected in the bombay industrial relations act, 1946, by maharashtra act 22 of 1965 were largely made to bring out a uniform piece of legislation for adjudication and settlement of industrial disputes in the whole of the state of maharashtra. ..... the preamble to act 22 of 1965 shows that the act made various amendments or additions and alterations to the bombay industrial relations act, 1946, because it was considered expedient to extend the bombay industrial relations act, 1946, as amended, throughout the state of maharashtra and to repeal the corresponding laws in force in other parts of the state of maharashtra, such as vidarbha. ..... if, at any time after the expiry of the said period of two months, any employer or employee again desires the same changes 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 be. ..... i or iii shall give notice in the prescribed form to the employer through the representative of employer, who shall forward a copy of the notice to the chief conciliator, the conciliator for industry concerned for the local area, the registrar, the labour officer and such other person as may be prescribed. ..... there is an allegation in the return filed on behalf of nathu (respondent 3) that he had approached the employer before making an application to the labour court. .....

The Mumbai Taximen's Union and Another Vs. State of Maharashtra Throug ...

Court : Mumbai

..... is an office bearer or member of a registered trade union including any dispute relating to wrongful expulsion of any such officer-bearer or member, or where there is any dispute relating to the property including the account books of any registered trade union, any member or such registered trade union for a period of not less than six months, may, with the consent of registrar and in such manner as may be prescribed, refer the dispute to the industrial court constituted under the bombay industrial relation act, 1946 (bom. ..... 8 to 12 submitted that perusal of the provisions of section 28(1a) would reveal that the dispute had to be referred to the industrial court constituted under the bombay industrial relations act, 1946 for decision. ..... to tide over this difficulty, it is proposed to give power to members of trade unions with the consent of the registrar of trade unions to refer such disputes to the industrial court constituted under the bombay industrial relations act, 1946, and to bar the jurisdiction of civil courts from entertaining such disputes. ..... he further submitted that so far as section 28(1a) is concerned, the said amendment was brought into force only in the state of maharashtra and not in any other state. ..... rule is made returnable forthwith. .....

R.A. Yadav and ors. Vs. Special Steels Ltd. and anr.

Court : Mumbai

Reported in : 2003(3)BomCR96; [2003(97)FLR542]

..... in the said judgment, the division bench was dealing with the powers of superintendence over labour court by the industrial court under section 85 of the bombay industrial relations act, 1947 wherein the division bench has clearly held that said jurisdiction can be exercised only when there are errors apparent on the face of the record but the industrial court cannot interfere with the findings of facts recorded by the labour court. ..... bidoo and another, : (1990)illj98bom , wherein the division bench has interpreted the word, 'supervision' under the bombay industrial relations act, 1947 in the following manner in paragraph 9: '9. ..... allowed the revision application and had set aside the order dated 28-6-1995 passed by the iii labour court, thane in a complaint under the maharashtra recognition of trade union & prevention of unfair labour practices act, 1971 (hereinafter referred to as, 'the act, 1971') and the industrial court has held that the petitioners herein are not workmen within the meaning of section 2(s) of the industrial disputes act, 1947 (hereinafter referred to as, 'the act, 1947') and also within the meaning ..... parties and the registrar, high court appellate side, bombay including the iii labour court at thane to act on a true copy of this order duly authenticated by the court shiristedar. .....

Balmer Lawrie Workers' Union, Bombay and Anr. Vs. Balmer Lawrie and Co ...

Court : Supreme Court of India

Reported in : AIR1985SC311; [1985(50)FLR186]; (1985)ILLJ314SC; 1984(2)SCALE1000; 1984Supp(1)SCC663; [1985]2SCR492

..... state of bombay : (1954)illj1sc one of the contentions canvassed before the constitution bench was that section 13 of the bombay industrial relations act, 1946 as it then stood provided that a union can be registered as a representative union for an industry in a local area if it has for the whole of the period of three months next preceding the date of its application, a membership of not less than 15% .of the total number of employees employed in any industry in any local area ..... section 20(2)(b) is more or less in pari materia with the provisions of the bombay industrial relations act, 1946. ..... (2) of section 114 of the bombay industrial relations act, 1946 provided that where die ..... there is in force in the state of maharashtra a comprehensive legislation bombay industrial relations act, 1946 touching almost all aspects of industrial relations but it applies only to specified industries. ..... royal commission on trade unions arid employer's association under the chairmanship of lord donovan ('donovan commission' for short) which submitted its report in 1968 proceeded on the basis that collective bargains are not subject to legal enforcement and number of arguments were put forth in support of the proposition ..... it was also submitted that the right to form association would be an empty formality if the association is not in a position to effectively participate in any proceeding concerning the workmen of an industrial undertaking, some of whom have formed a separate trade union .....

Reliance Energy Limited Vs. Rashtrawadi Kamgar Sangh and ors.

Court : Mumbai

Reported in : (2009)IILLJ708Bom

..... the appellant company is covered by the provisions of the bombay industrial relations act, 1946 (for short, 'the bir act'). ..... . whether a complaint filed under the mrtu & pulp act by an employee as defined under section 3(13) of the bombay industrial relations act is maintainable although no direct relationship of employer-employee exists between him and the principal employer?3 ..... . maharashtra sugar mills limited, (supra), the industrial dispute between the maharashtra sugar mills and its employees including the seasonal and contract labour was referred under section 13 of the bir act to the industrial tribunal ..... is to prevent an unfair labour practice from taking place and the court seized of a complaint under item 1 of schedule iv of the mrtu & pulp act can prevent such unfair labour practices by passing interim orders with a view to preventing such alleged unfair labour practices from getting fructified. mr. shaikh submitted that the labour court and the industrial court, therefore, cannot be faulted for passing the instant interim order which is confirmed by learned single judge. mr ..... 2.issue show cause notice to the respondents returnable on march 22, 2007.there is no dispute before us about the fact that when this order was passed learned counsel for the appellant company was present.7. .....

Mumbai District Co-operative Bank Ltd. Vs. Co-operative Bank Employees ...

Court : Mumbai

..... the impugned order of the labour court was passed on an interim application under section 119 (d) of bombay industrial relations act, 1946 (hereinafter referred to as "bir act") filed by the respondent-union seeking an order to restrain respondent-bank from hiring the services of one m/s synergy safe climber and property solution pvt. ..... of recruitment; (ix) that nabard has also stated in the directives that the co-operative banks can outsource the persons for maintenance and security only, in order to keep the management costs under control; (x) the government of maharashtra vide its letter dated 6-01-2010 to the district banks directed banks not to make any interim recruitment until such time the staffing pattern is finalized; (xi) the objection with regard employer-employee relationship was ..... policy which was sent to nabard for approval was not approved inspite of waiting for considerable period and as there was a pressing need to render effective customer service, recover the overdues, monitor npa accounts, market the insurance and loan products etc. ..... it is the further case of the bank in its reply that in the year 1995 the registrar/commissioner of co-operation approved 1003 posts, though at that time there were less than 29 branches. ..... the bank unilaterally and arbitrarily without consultation of the union, revised the policy and submitted it to nabard for its approval in breach of the memorandum of agreement dated 18-03-2010. .....

Maharashtra State Road Transport Corporation Through Divisional Traffi ...

Court : Mumbai

Reported in : 2006(2)BomCR340; (2005)107BOMLR251; (2006)IILLJ283Bom; 2005(4)MhLj798

..... :'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 mrtu & pulp act, 1971 other than those specified in ..... waives earners, where no person recommended by the state transport services board or the selection committee concerned is available, the competent authority may appoint suitable persons, for a period not exceeding six months; provided further -provided further that, in the case of immediate necessity, when no person from the approved list is available, a purely temporary ..... act', in a complaint relating to unfair labour practices other than those specified by items 2 & 6 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, hereinafter referred to as the 'mrtu & pulp act'.the division bench in paragraph 33 has observed that:'having given our fullest consideration to this submission, we are of view that sections 20 & 22 which confer rights on recognised and unrecognised union, respectively, are not determinative of the rights of unions to appear in complaints relating ..... the bus flying on the road, returns after completing the trip the said ..... learned counsel emphatically submitted that section 21 read with section 28 of the said act leads to the only one inference, namely, the complaint in respect of item 2 & 6 of schedule-iv of the said act can only be .....