Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 22 registration of union for more than one local area Page 1 of about 451 results (0.432 seconds)

The Saraswat Co-operative Bank Limited and ors. Vs. P.G. Koranne and o ...

Court : Mumbai

Reported in : AIR1983Bom317; (1983)85BOMLR134

..... the bombay industrial relations act, 1946, provides for registration of unions in different categories such as representative union for an industry in a local area, qualified union and primary union and also for recognition of certain union as approved unions. ..... (15) it would be desirable if steps are taken by the government to amend the maharashtra co-operative societies act, 1960, to define the expression 'recognised union or unions' occurring in section 73bb and to provide for a contingency where the employees of a society belong to more than one union. 23. ..... we may also mention that it would be desirable for the government, in order to avoid future litigation, to make provisions in the act itself defining the expression 'recognised union or unions' and making provisions for a case where the employees of a, society belong to more than one union.22. ..... koranne, deputy secretary to the government of maharashtra in the agriculture and co-operation department, affirmed on august 6, 1982, that there are nearly 350 urban cooperative banks in the state of maharashtra, but the number of banks having more than 25 salaried employees is estimated at about 162 only. ..... the supplementary return filed on behalf of the government shows that though there are nearly 350 urban co-operative banks in the state of maharashtra, the number of such banks having more than 25 salaried employees is about 162 only. .....

Sahakari Bank Karmachari Sangh Vs. the District Deputy Registrar, Co ...

Court : Mumbai

Reported in : 2008(4)BomCR569; (2008)110BOMLR1913; 2008(6)MhLj118

..... respondent 3 herein (for convenience, 'the said bank') for the local areas of pandharpur taluka under the bombay industrial relations act, 1946, (for short, 'the bombay act'). ..... the bombay act provides for registration of unions in different categories such as representative union for an industry in a local area and also for recognition of certain unions as approved unions. ..... section 20 of the bombay act which falls in chapter iii which provides for registration of unions states that any party to a proceeding before the registrar may appeal against the order passed by the registrar under this chapter to the industrial court. ..... the first proviso to this section states that in any local area, there shall not be at any time, more than one registered union in respect of the same industry. ..... the seats so reserved shall be filled by selection made by the union or unions recognized under the bombay industrial relations act, 1946 (bom.xi of 1947) or the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (mah. ..... as per section 13(i) any union which has for the whole of the period of [three calendar months immediately preceding the calendar month in which it so applies] for registration a membership of [not less than twentyfive per cent] of the total number of employees employed in any industry in any local area may apply to the registrar for registration as a representative union for such industry in such local area. .....

Shivanand Gaurishankar Baswanti Vs. Laxmi Vishnu Textile Mills and ors ...

Court : Supreme Court of India

Reported in : AIR2009SC825; IV(2008)BC578; 2008(5)BomCR602; [2008]144CompCas516(SC); JT2008(8)SC81; (2008)6MLJ665(SC); 2008(10)SCALE192:2008AIRSCW8122

..... the learned counsel for the union, in our opinion, is right in submitting that under the bombay industrial relations act, 1946, it is the `representative union' which has all powers to enter into a settlement on behalf of workers in the industry and it is only that union which can take a decision under 1946 act. ..... specified as the representative of employees in an industry in any local area- (i) a representative union for such industry; (ii) a qualified or primary union of which the majority of employees directly affected by the change concerned are members; (iii) any qualified or primary union in respect of such industry authorised in the prescribed manner in that behalf by the employees concerned; (iv) the labour officer if authorised by the employees concerned; (v) the persons elected by the employees in accordance with the provisions of section 28 or where the proviso to sub-section (1) thereof applies, the employees themselves ..... the act contains elaborate provisions for registration of unions and their powers.34. ..... the appellant who was also one of the workers was paid more than rs. ..... state of maharashtra : 2000crilj1781 , however, the court observed that 'disposition of assets during the interregnum may not be irretrievably void but the courts are required to exercise power with caution and circumspection'.status and position of representative .....

B.E.S.T. Workers Union Vs. Bombay Electric Workers Union and ors.

Court : Mumbai

Reported in : (2001)IIILLJ540Bom

..... section 13 prescribes the filing of the application for registration indicating that any union which has for the whole of the period of three calendar months immediately preceding the calendar month in which it so applies under this section a membership of not less than twenty five per cent of the total number of employees employed in any industry in any local area may apply in the prescribed form to the registrar for registration as a representative union for such industry in such local area ..... proceedings under the bombay industrial relations act, 1946 (hereinafter referred to as 'the said act').2. ..... section 3(25) defines 'member' and is a material provision for the purpose of the present petition and reads thus:'definition 3(25) - 'member' means a person who is an ordinary member of a union and who has paid a subscription of not less than twenty five paise per calendar month: provided that no person shall at any time be deemed to be a member if his subscription is in arrears for a period of more than three calendar months during the period of six i months ..... section 15 contemplates situation when registration so granted may be cancelled in the appropriate case, on the happening of such an event one of which being that the membership of the union has for a continuous period of three calendar months fallen below the minimum required under section 13 for its registration though ..... the learned counsel, is contrary to the law laid down by this court in maharashtra girni kamgar union v. s. .....

Shramik Sena a trade union, registered under the Trade Unions Act, 192 ...

Court : Mumbai

Reported in : 2006(6)ALLMR708; 2006(5)BomCR616; (2006)IIILLJ628Bom

..... 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. ..... 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'). ..... section 18 provides for recognition of unions for more than one undertaking. 16. ..... mr.deshmukh took us through the findings recorded by the industrial court, constitution and rules of the respondent-union, the relevant provisions of the act and more particularly the provisions contained in chapter iii thereof and submitted that the present case is not covered by the ratio laid down by the supreme court in the judgments of maharashtra grini kamgar union's case (supra). ..... the supreme court in maharashtra girni kamgar union's case (supra) was considering the provisions contained in section 3(25) of the bir act in the context of the question, as aforestated, fell for its consideration. ..... 7 of 1994 filed by respondent no.1 -union under section 11 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short 'the act') for being registered as recognised union of the workmen in the factory of respondent no.2 company at thane. .....

Labour Law Practitioner's Association and Anr. Vs. State of Maharashtr ...

Court : Mumbai

Reported in : [1979(39)FLR89]

..... under the industrial disputes act, 1947 and the bombay industrial relations act, 1946 and that under the industrial disputes act, labour courts are constituted under section 7 for adjudication of industrial dispute relating to any matter specified in second schedule of the act and for performing such work as may be assigned to them under the act. ..... it is also necessary to mention that the maharashtra act titled as the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 was passed by maharashtra legislature and section 6 of this act enables the state government to constitute one or more labour courts and appoint persons having the prescribed ..... (a) is or has been a judge of the high court; or (b) has, for a period of not less than 3 years, been a district judge or an additional district judge; or (c) has held the office of the chairman or any other member of the labour appellate tribunal constituted under the industrial disputes act for a period of not less than 2 years; or (d) held any judicial office in india for not less than 7 years; or (e) has been the presiding officer of a labour court constituted under ..... section 9, as it originally stood, enables the state government to constitute one or more labour courts having jurisdiction in such local areas as may be specified in such notification and shall appoint persons having the prescribed ..... 's association an association registered under the societies registration act, while petitioner no. .....

Central India Agencies, Calcutta Vs. Laxminath Brijkishore and anr.

Court : Mumbai

Reported in : AIR1968Bom222; (1968)ILLJ616Bom; 1967MhLJ937

..... it was then being submitted that the maharashtra act 22 of 1985, which had made the bombay industrial relations act, 1946 applicable to this area, should be deemed to be retrospective in operation, so as to require the respondent to file his application for reinstatement and back-wages under the new act. ..... section 123a, which was added to the bombay industrial relations act, 1946, by the maharashtra act 22 of 1965, is in the following words : '123a. ..... we have carefully gone through these two sections, and also through other relevant sections of the central provinces and berar industrial disputes settlement act, 1947, but we cannot accept the submission of sri mor that the provisions are either inconsistent or 'in irreconcilable conflict. ..... the fact that one section is more comprehensive than the other, would not make the two sections inconsistent with each other or in irreconcilable conflict with each other. ..... giving slightly wider powers to a forum under the bombay act than what the tribunal under the central provinces act had, would only make some variation, but that is not a matter in inconsistency or irreconcilability. ..... he pointed out the following differences, which he called as being 'in irreconcilable conflict' : (a) section 78(1) d of the bombay act referred to reinstatement and termination, while s. .....

Pune District Central Co-operative Bank Ltd. Vs. Bank Karmachari Sangh ...

Court : Mumbai

Reported in : 2000(4)BomCR811

..... it is needless to mention that the petitioner bank is governed by the provisions of the bombay industrial relations act, 1946 and is also governed by the provisions of the maharashtra co-operative societies act, 1960.1 need not dwell on the point that both the statutes operate in separate fields and both have different ..... legislation enacted in the year 1946 which takes in its contemplation almost all the creases to be ironed out first jointly and mutually by the employers and the employees represented by the representative of 'employees' a trade union statutorily recognised for the first time to act as a representative union for the notified industries in a defined local area; in case of their failure to arrive at a bilateral agreement the parties can approach the state machinery provided under the act, such a conciliation proceedings and ..... issue to be decided by me is whether by framing separate and independent service rules de hors the certified standing orders or in addition to the certified standing orders without following the mandatory provisions under section 42(1) of the bombay industrial relations act, 1946 amounts to unfair labour practice as contemplated under item 9 of the act.2. ..... former obviously operates in the field of employer-employee relations while the later operates in the field of cooperative societies and their internal management and all the questions relating to the stage of admission and registration of a co-operative society, membership, capital, elections .....

The Maharashtra State Co-operative Agricultural and Rural Development ...

Court : Mumbai Aurangabad

..... court has held in various judgments that the dispute with regard to the service conditions of employees falling within the definition of section 3(13) of the bombay industrial relations act, 1946 or section 2(s) of the industrial disputes act, 1947 will have to be referred to the labour court or industrial court as the case may be and therefore their disputes would not fall within the ambit of section 91 of the maharashtra cooperative societies act, 1968. 34. ..... by the notification dated 02.11.1973, the government of maharashtra exercised its powers under section 2(4) of the bombay industrial relations act, 1946 and made the said act applicable to the nanded district from 15.11.1973 thereby covering the business of banking companies ..... (n) the bombay industrial relations act, 1946 (presently known as 'the maharashtra industrial relations act') was made applicable to the petitioner-bank with effect from 15.11.1973 vide notification ..... considered the nature of duties of these respondents and three out of four were posted in the category no.7 and one was posted in category no.8, by virtue of which they would fall within the definition of an employee under 3(13) of the bombay industrial relations act, 1946 and workman under section 2(s) of the industrial disputes act, 1947. ..... view, the ratio laid down by the hon'ble supreme court in the case of prabhu dayal (supra) would not be applicable to the cases in hand, for reasons more than one. ..... cooperative sugar mills workers union, 2006 air scw .....

Navnath Siddhappa Koli Vs. Siddheshwar Sahakari Sakhar Karkhana Limite ...

Court : Mumbai

Reported in : (1981)83BOMLR470; 1981MhLJ888

..... the jurisdiction of the industrial court under section 85 of the bombay industrial relations act has been described. ..... more than one watchman ..... the labour court at solapur under section 28 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, hereinafter referred to for brevity's sake as the 'pulp act' . ..... kulkarni for some time during the course of his argument because he more than once told me that the theft had been committed when the petitioner ..... industrial court, maharashtra ..... case the industrial court has found, and in my opinion rightly, that the order of the labour court was wholly unsustainable in the absence of the finding that the order passed by the respondent was 'for patently false ..... if the domestic enquiry officer takes one view, the order passed pursuant to that view cannot be said to be ' for patently false reasons'. ..... held that the applicant cannot be held responsible for negligence resulting in the theft of the opponent ..... have given relief to the petitioner unless in the first place the contention of the petitioner that the dismissal was for patently false reasons had been proved. ..... a workman for patently false reasons is an unfair labour practice under schedule iv item 1(d) of the pulp act. ..... is open to the labour court to examine the correctness of the finding recorded in the domestic enquiry and if it comes to the conclusion that the finding is erroneous the order of discharge or dismissal can be said to be for patently false reasons. .....