Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 22 registration of union for more than one local area Court: allahabad Page 1 of about 2 results (0.077 seconds)

S.C. Saxena Vs. State of U.P. and ors.

Court : Allahabad

Reported in : (2000)3UPLBEC1900

..... of maharashtra has notified, the maharashtra judicial officers of the courts of enquiry, labour courts and industrial courts under the bombay industrial relations act, 1946 (xi of 1947) recruitment, appointment and disciplinary action rules, 1999 on 14th september, 1999 to give effect to the decision of the apex court in the state of maharashtra v ..... was issued that no appointment, promotion or transfer of the presiding officers of labour courts, industrial courts, or industrial tribunals under the industrial disputes act, 1947 or the bombay industrial relations act, 1946 be made or ordered without complying with the provision of chapter vi of constitution of india ..... court has not been fully implemented and the present position, as it stands, is that an officer of the cadre of indian administrative service, labour and other departments is eligible for appointment to the post of presiding officer, industrial tribunal/labour court, in view of the provisions of section 4-e (3) of the act, which runs as follows :'(3) no person who is not or has not been a member of the indian administrative service or the state higher judicial service, or the uttar pradesh ..... and except for one, all are being presided over by the officers of the administrative, labour ..... thus, in a large number of industrial disputes, state is one of the parties taking the part ..... the respondent state to file further affidavit indicating their policy in respect of future appointments to those posts within one month from to day. .....

Maya Press Mazdoor Sangh Etc. Vs. Uppar Shramayukt and ors.

Court : Allahabad

Reported in : 2005(1)ESC437

..... the central government or by a railway company, or(ii) such controlled industry as may be specified in this behalf by central government, or(iii) banking and insurance companies as defined in the industrial disputes act, 1947, or(iv) a mine or an oil-field; section 4-a, labour court :(1) the state government may, by notification in the official gazette, constitute one or more labour courts for the adjudication of industrial disputes relating to any matter specified in the first schedule and for performing such other function as may be assigned to them under ..... an application and writ petition both as he was duly authorised by group of workmen to prosecute the proceeding and further even if same was not registered trade union, and when finding of fact had been returned that there were more than 300 workmen and there was no permission before effecting closure and the closure being illegal, and there being no disputed question of fact involved then in all ..... . the factories act and bombay shops and establishments act are regulatory statutes and the registration under both those acts is compulsory for providing certain benefits to the workmen employed in the factory ..... . under section 7(1) of the said act, the employer of every establishment is to send to the inspector of the local area concerned a statement in a prescribed form together with the prescribed fees containing various ..... 1 scr 168 : air 1975 sc 2057 ; maharashtra state board of secondary and higher secondary education .....

North Central Railway Employees' Sangh (NCRES) and Anr. Vs. Union of I ...

Court : Allahabad

Reported in : [2008(118)FLR384]

..... the trade unions act, 1926 provides for registration of trade unions for the purposes of regulating the relations between the workmen and the employers or between the workmen and workmen and for imposing restrictive conditions on the conduct of any trade or business and to include freedom of two or more trade unions without affecting any agreement between the partners, as to their own business or between the employer ..... more than one registered trade union in an establishment, the question as to with whom the employer should negotiate or enter into bargaining assumes importance, because of the trade union with minority of the workmen/employees, the settlement, even if any arrived between the employers and the union, may not be acceptable to the majority and may not result in industrial ..... maharashtra enacted 'maharashtra recognition of the trade unions and prevention of unfair labour practices act, 1971' (the act of 1971) to provide for recognition of a trade union for facilitating collective bargaining for certain undertakings, to codify their right and obligations and to confer certain powers on an unrecognised union to provide for ..... 's union challenged the provisions of section 20 (2) of the act of 1971, providing recognition of only one trade union and giving it exclusive rights to represent workmen of arty undertaking, consequently denying the right to a workman to appear or act or to be allowed to represent in any proceeding under the industrial disputes act, ..... union, bombay ..... area .....

Swadeshi Cotton Mills, Naini, Allahabad Vs. Assistant Labour Commision ...

Court : Allahabad

Reported in : [2000(84)FLR561]; (2000)ILLJ1221All

..... or consideration or a sanctioned scheme is under implementation or where an appeal under section 25 relating to an industrial company is pending, then, notwithstanding anything contained in the companies act, 1956 (1 of 1956), or any other law or the memorandum and articles of association of the industrial company or any other instrument having effect under the said act or other law, no proceedings for the winding up of the industrial company or for execution, distress or the like against any of the properties of the industrial company or for the appointment of a receiver in respect thereof and no suit ..... there is also no denial that the assistant labour commissioner was the controlling authority for payment to an employee on the termination of his employment after he has rendered continuous service for not less than 5 years, and this termination might be on his superannuating or on his retirement or resignation or even on his disablement due to accident or death. ..... learned counsel for the union of india relied on a decision of the bombay high court in support of her contention. ..... the judgment was delivered in relation to a case between the ntc (south maharashtra) and b. l. ..... gratuity, as observed above, is related not only to the period of employment but also to wages and the payment of gratuity is one of the beneficial measures introduced by labour legislation. .....

Singh Engineering Works (P) Ltd. Vs. Industrial Tribunal (i) and ors.

Court : Allahabad

Reported in : (1962)ILLJ455All

..... .21. the definition of 'employer' as contained in section 3(14) of the bombay industrial relations act (act xi of 1947) is materially the same as in section 2(11) of the central provinces and berar act and also section 2(i) of the uttar pradesh act: but the term 'employee' has been defined somewhat ..... workers. the legislature apparently realized such a possibility and made a provision by incorporating clause (iv) in sections 2(i) of the act, that even though the owner has no one in his employment, he shall, for purposes of the act, be deemed to be 'employer' of the workers employed by the ..... him. the madhya pradesh case is thus distinguishable but i am in respectful disagreement with the observation that under section 2(11) of the central provinces and berar act, which is similar to section 2(i) of the act, an employer within the meaning of the local act is the owner of the industry and not a ..... enactment. the award of bonus to workers is more by practice and convention than under some ..... l.l.j. 137 which was affirmed in appeal by the supreme court in maharashtra sugar mills ..... . through the secretary, iron and steel mazdoor union, kanpur, respondent 3 .....

North Eastern Railway Mazdoor Union Through Its General Secretary, Shr ...

Court : Allahabad

Reported in : [2008(118)FLR544]

..... unions act 1926 provides for registration of trade unions for the purposes of regulating the relations between the workmen and the employers or between the workmen and workmen and for imposing restrictive conditions on the conduct of any trade or business and to include freedom of two or more trade unions without affecting any agreement between the partners, as to their own business or between the employer and the employed and any agreement in consideration of sale of goodwill of a business or of an instruction in any provision, trade or handicapped (section ..... when there are more than one registered trade union in an establishment, the question as to with whom the employer should negotiate or enter into bargaining assumes importance, because of the trade union with minority of the workmen/employees, the settlement, even if any arrived between the employers and the union, may not be acceptable to the majority and may not result in industrial peace. ..... the state of maharashtra enacted 'maharashtra recognition of the trade unions and prevention of unfair labour practices act, 1971' (the act of 1971) to provide for recognition of a trade union for facilitating collective bargaining for certain undertakings, to codify their rights and obligations and to confer certain powers on an unrecognised union to provide for declaring certain strikes and lock out as illegal etc.7. ..... 3527 (nl) of 1984 on 21.12.1984, balmer lawrie workers' union, bombay and anr. v. .....

Khimjibhai Sanabhai Parmar Vs. Sevalia Cement Works

Court : Allahabad

Reported in : [2005]60SCL496(All)

..... bombay industrial relations act, 1946 ..... is considered to be a creditor in the provisions of the companies act, 1956, one employee is enough to bring about disaster in the industrial sphere if he is allowed to maintain a winding up petition as ..... of the hon'ble supreme court in the case of national textile workers' union (supra) wherein it is observed that it is no doubt true that section 439 confers the right to present a winding up petition only on certain specifically enumerated persons and the workers are not included in that enumeration and, therefore, obviously the workers have no right to prefer a petition for winding up of a company. ..... more than seven years have gone and the ..... workers from the right to present a winding up petition, it does not fall as a necessary consequence that the workers have no right to appear and be heard in the winding up petition filed by one or more of the persons specified in section 439. ..... made by the hon'ble supreme court in the above judgment that merely because the right to apply for winding up a company is not given to the workers under section 439, it does not mean that they cannot appear to support or oppose a winding up petition which is properly filed by one or the other persons specified in that section.17. mr. ..... also in agreement with the second reason given by the bombay high court in the said judgment that even one employee is enough to bring about the disaster in the industrial sphere if he is allowed to maintain a winding up petition .....

Anglo-french Drug Co. (Eastern) Ltd. Vs. Presiding Officer, Labour Cou ...

Court : Allahabad

Reported in : (2004)IIILLJ324All; (2004)2UPLBEC1577

..... the hon'ble apex court, in fact, placed reliance upon the provisions of the act, 1976, wherein the sales promotion employee had been defined under section 2(d) as under :'sales promotion employee' means any person by whatever name called (including an apprentice) employed or engaged in any establishment for hire or reward to do any work relating to promotion of sales or business, or both, and :(i) who draws wages (being wages, not including any commission) not exceeding seven ..... , (2001) 7 scc 394, the hon'ble supreme court, considered the issue as to whether 'inspector' in the bombay iron and steel board, constituted under the maharashtra mathadi, hamal and other manual workers (regulation of employment and welfare) act, 1969, was 'workman' under the definition and observed as under :'no doubt, in deciding about the status of an employee, his designation alone cannot be said to be decisive and what really should go into consideration is the nature ..... person, to be a workman within the meaning of the definition, must be one employed in an industry for hire or reward, his term of employment may be express or implied. ..... more so, as the services of the respondent-employee stood terminated prior to amendment act, 1986, in act, 1976, and he was getting salary more than ..... work of the other local salesmen was part of his work considered by the tribunal as only incidental to his main work of canvassing and promotion in the area of his operation............. ..... , goa dock labour union and ors. .....

M/s. Hindustan Lever Ltd. Vs. Presiding Officer, Industrial Tribunal, ...

Court : Allahabad

..... industrial employment (standing orders) (bombay amendment) act, 1957; (2) notwithstanding anything contained in the proviso to sub-section (1) model standing orders made in respect of additional matters included in the schedule after the coming into force of the act referred to in that proviso (being additional matters relating to probationers or badlis or temporary or casual workmen) shall unless such model standing orders are in the opinion of certifying officer less advantageous to them than ..... standing orders and may come to the conclusion that one or the other of the conditions included in the model standing orders may not, for the time being, be included in the standing orders ..... the provisions of section 2-a as applicable to the state of maharashtra that the bombay high court in ..... industrial employment (standing orders) act, 1946 in order to appreciate the issue which has been referred to the full bench, a reference would be necessary to the provisions of the industrial employment (standing orders) act, 1946 ..... section (1), an employer or workman or a trade union or other representative body of the workmen may apply to the certifying officer to have the standing orders modified, and such application shall be accompanied by five copies of the modifications proposed to be made, and where such modifications are proposed to be made by agreement between the employer and the workmen or a trade union ..... section 1(3) provides that the act shall apply to every establishment where hundred or more .....

Smt. Kesari Devi W/O Shri Gulab Singh, Chairman, Zila Panchayat Vs. St ...

Court : Allahabad

Reported in : 2005(4)AWC3563; 2005(3)ESC2209

..... to mention here that section 29(3) of the 1961 act provides only for one punishment and that is removal from the post with further disqualification for a period of three years for contesting the election for the post ..... before the expiration of a period of 6 months from the date of such vacancy, in the manner provided for in section 18 and 19, as the case may be, for the residue of the term of his predecessor:provided that if on the date of occurrence of such vacancy the residue of the term of the zila panchayat is less than six months, the vacancy shall not be filled.'11. the provision makes it crystal clear that upadhyaksha has a ..... the findings mostly in favour of the petitioner but in the result he found the charge partly proved observing that she was supposed to be more frugal in using the public funds and such a huge amount should not have been spent on repairing of her residence or office or ..... supreme court rejected the claim of an existing mill owner that in case any other mill is shifted to the locality wherein his mill stood situated, he would be adversely affected, therefore, has a locus standi to maintain the ..... improve the democratic process by extending access to the records which provide the basis for the consideration of proposed policy; clause 3 (v) thereof provides to release, in response to specific requests, information relating to their policies, actions and decisions and other' matters related to their areas of responsibility ..... ..... union ..... ..... bombay .....