Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 22 registration of union for more than one local area Court: chennai Page 1 of about 6 results (0.155 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. ..... 272 also the apex court observed that when in an establishment, be it an industry or an undertaking, there are more than one registered trade unions, the question as to with whom the employer should negotiate or enter into bargaining assumes importance, because if the trade union claiming this right be one which has its members in minority of the workmen/employees, the settlement, even if any arrived between the employers and such a union, may not be acceptable to the majority and may not result ..... 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 trade unions act, 1926, which is an act to provide for the registration of trade union, is there on the statute book for the last over 80 years. ..... although it is contended by the management that the service conditions are good and that it cannot give anything more than what it has agreed in the settlement of 9th may, 2009, the fact remains that there is a large section of workmen which appears to be dissatisfied with the terms of the settlement. .....

Tamil Nadu Cooperative Bank Employees Association Vs. Registrar of Coo ...

Court : Chennai

..... more than one union, a union claiming recognition should have been functioning for at least one year after registration ..... 6.a representative union for an industry in an area should have the right to represent the workers in all the establishments in the industry, but if a union of workers in a particular establishment has a membership of 50 per cent or more of the workers of that establishment it should have the right to deal with matters of purely local interest, such as, for instance, the handling of grievances ..... to be enacted was the industrial relations bill, 1978 which intended to provide 65% votes as the criteria to act as a sole bargaining agent. ..... though there are registered trade unions, there is no special law in the state of tamil nadu (in the state of maharashtra and gujarat, there is a law compelling the employer to recognise a particular trade union as the sole bargaining agent for the purpose of dealing with the employees ..... not refer to the ratio of the full bench of the bombay high court in air india's case (cited supra) more or less came to the correct conclusion while giving its ..... /2011 cbs-1 dated 7.5.2012 and further direct that the wage negotiations should proceed only with that association with enjoys majority membership of the said workers and with no other union holding that such majority union alone has the locus standi to represent the workers with regard to the industrial disputes, namely collective disputes under section 2(k) of the industrial disputes act. .....

Cheran Group of Companies Vs. State of Tamil Nadu and Others

Court : Chennai

Reported in : [1999]97CompCas478(Mad)

..... industrial disputes act was designed to provide a self-contained code to compel the parties to resort to industrial arbitration for the resolution of existing or apprehended disputes without prescribing statutory norms for varied and variegated industrial relation norms so that the forums created for resolution of disputes may remain unhampered by any statutory control and devise rational norms keeping pace with improved industrial ..... while so, the petitioner complains that at the instance of the third and fourth respondents herein, the ninth respondent called the labour union for a discussion on two occasions, namely, on june 12, 1997, and june 19, 1997, at chennai and coimbatore, respectively, in order to arrive ..... provided in the settlements to the workers are more than those granted by the award, they ..... both the acts, namely, the sick industrial companies act and the industrial disputes act can harmoniously co-exist inasmuch as the said acts operate in different areas and ..... company was not interested to submit a comprehensive proposal, and, therefore, one of the directors of the third respondent-company wanted to submit a ..... proceedings with respect to the company were pending before the board for industrial and financial reconstruction, but in the meantime, the panchayat sought to use the power under 129 of the bombay village panchayat act by taking recourse with the proceedings for recovering the monies due to each. 59 ..... industrial and investment corporation of .....

Gordon Woodroffe Workers and Staff Union Vs. Joint Commissioner of Lab ...

Court : Chennai

Reported in : (2000)IILLJ1150Mad

..... the permission to retrench the workmen was granted on february 22, 1988 and after the review application was rejected on april 15, 1988 the union had raised a dispute regarding the non- employment under section 2-a of the industrial disputes act and though the company had objected to the tenability of the disputes, conciliation was held, and, on the failure report having been ..... experience of only two/three years was also a patent lie as most of them were working for more than five/six years prior to the presentation of the application before the bifr. ..... 33, the supreme court has clearly held that in enacting chapter v-b the intention of the parliament was to alter the existing law relating to lay-off, retrenchment and closure in relation to the larger industrial establishments falling within the ambit of chapter v-b because it was felt that the existing law enabled large scale lay-offs, retrenchments and ..... therefore, held that, in the facts and circumstances of the case, it would be appropriate to treat the application for review which was pending after the expiry of such time frame of one year as fresh application for permission for closure and to treat the order of reference to industrial tribunal by the state government as an order of reference on a fresh application so that the entire exercise made before ..... maharashtra general kamgar union (supra) which has been relied upon by the authority, there is no doubt that the bombay high court had expressed that the enquiry under section .....

Burmah Shell and Storage and Distributing Co. of India Ltd., Madras Vs ...

Court : Chennai

Reported in : AIR1957Mad60

..... preliminary basis for their jurisdiction exists; in other words, that unless the court is satisfied that the parties to a dispute stand in the relation of an employer and a workman as defined in the act, the award is null and void as lacking in an essential preliminary to the jurisdiction of the tribunal,'the learned judge observed: 'the contention raised on behalf of the petitioners that there should be an industrial dispute falling within the definition of that expression in section 2(k) of the industrial disputes act, before ..... of the rent control board in these circumstances can never be anything more than a collateral finding which cannot raise a plea of res judicata. ..... advocate general, who appeared for the company, was well founded in his contention, that as an industrial dispute itself is not within the jurisdiction of the high court to decide, the decision on one of the collateral issues, whether the dispute is between an employer and workmen, to constitute that dispute an industrial dispute within the meaning of the industrial disputes act, is also within the jurisdiction of the statutory tribunals created by the industrial disputes act and by the industrial disputes appellate tribunals act. ..... the passage i have extracted above; see also maharashtra sugar mills v. ..... laid down by the privy council in 1956 1 wlr 289 should, in my opinion, apply to negative the plea of res judicata put forward by the union and accepted by the appellate tribunal. ..... state of bombay, air 1951 sc 313 .....

Workers employed in Thambi Motor Service, represented by the Secretary ...

Court : Chennai

Reported in : AIR1963Mad163; (1963)ILLJ497Mad; (1963)1MLJ33

..... for the union contended that it was certainly within the competence of the government, acting as it did under section 10 of the industrial disputes act, to correct any mistaken reference made by it, and that, in any event, it had the power to make a supplemental reference, adding certain questions for adjudication in addition to the pre-existing one. ..... from what we have stated above it will be clear that while the government, acting under section 10 of the industrial disputes act, will have the power to add to, or amplify, a matter already referred thereunder for adjudication by the tribunal, it will have no power to supersede or cancel the old reference in such a way as to effect a withdrawal from the tribunal of a dispute once validly referred ..... only that question that was intended to be referred to is made clear by the fact that, on two subsequent occasions, the workers made re-presentations to the government that that reference should be amended and another reference relating to the validity of the retrenchment should be substituted in that place but the government declined to accede to that request. ..... then a contention, based on the decision of a bench of the bombay high court in state of maharashtra v. ..... learned counsel for we appellant, that the second question in the revised reference would cover a case of retrenchment compensation on the foot of the retrenchment being held valid and thereby preserving the original reference and adding one more question for adjudication. .....

T.R. Balaji Vs. the Management of Indian Bank and anr.

Court : Chennai

Reported in : (1989)ILLJ421Mad

..... however, at the request of the learned counsel for the appellant again the appeal was posted for further arguments and the matter was adjourned on more than one occasion, to find out whether the management will agree for appointing the appellant afresh. ..... later on, by virtue of a settlement between the management and the employees' union of the bank entered into under section 12(3) of the industrial disputes act, the appellant who was recruited as a temporary sub-staff, was appointed to the post and put on probation for a period of six months from 18th june 1980. ..... to the learned counsel, in the case on hand, the employment was on the basis of a settlement between the employee's union and the management and, therefore, the failure to disclose the name of the relation in the employment of the bank will not give the management the power to invoke clause 2 of the order of appointment. ..... and others : (1978)iillj168sc the standing orders of the bombay municipal corporation enabled the corporation to terminate the services of the employees on the one month's notice. ..... and foremost, where the services of a probationer are terminated in accordance with the terms of the contract, the ruling as laid down in state of maharashtra v. ..... , the impugned order which i have extracted above, goes on to proceed that the petitioner had suppressed the fact about his brother being employed in bombay fort branch of the bank. ..... the petitioner's stepbrother was working in the bombay fort branch of the bank. .....

Christian Medical College and Hospital, Rep. by Itscouncil Secretary V ...

Court : Chennai

Reported in : 2003(3)CTC158; (2003)IIILLJ650Mad; (2003)2MLJ793

..... union , while considering the vires of the payment of bonus act, including section 32, laid down the law on the following lines :'it may be broadly stated that bonus, which was originally a voluntary payment, out of profits made, to workmen to keep them contented, acquired the character, under the bonus formula, of a right to share in the surplus profits, and enforceable through the machinery of the industrial disputes act ..... that case that the medical college attached to the christian medical college hospital is a medical institution was on the basis of the requirement under the medical council act, the regulations made thereunder, the university regulations, the need for an attached teaching hospital, the objectives of the founder and the history of the appellants association and therefore, it was held that the primary purpose of the ..... 'not to be ministered unto, but to minister' and the objective of the christian medical association being imparting of education of the highest grade in the art, science, medicine and nursing or in any one of the other related provisions in order to equip them in the spirit of christ for the service and the relief of suffering in the promotion of health. ..... , approved the view of the bombay high court in maharashtra state electricity board vs. m.c. ..... of its development, the hospital has grown over many times than the minimum requirement, as could be evident from its income ..... of vellore on 32.93 acres area. ..... away from the main hospital in a 186.75 acres area. .....

Workmen, Rep. by Genl. Secretary Addisons Paints and Chemicals Ltd., A ...

Court : Chennai

Reported in : (1999)IIILLJ1583Mad

..... that now the government could authorise any person under section 34 of the industrial disputes act to file a complaint against the management and, therefore, according to the learned counsel, there would be no impediment in even ordering the appointment of public prosecutor or special public prosecutor, as the case may be, for conducting any prosecution even if it is filed at ..... such parallel rule 22 in case of tamil nadu and on interpretation putforth by the division bench of the bombay high court, the supreme court has found it unreasonable and constitutionally invalid in the decision reported in mukul dalai ..... though haltingly, the learned counsel for the petitioner tried to suggest that the question involved related to labour laws and, therefore, a person having specialised knowledge of the labour jurisprudence would be in a better position to conduct the prosecution, it will be very unfair ..... state of maharashtra , relying on rule 22 of maharashtra law officers (appointment, conditions of service and remuneration) rules, 1984, had held that where a private complainant is prepared to pay the legal fees for engaging such a private counsel even in the prosecution at the behest of the government, then it ..... union territory of delhi had authorised one ..... section 24(8) of the code of criminal procedure runs as under:--'the central government or the state government may appoint, for the purposes of any case or class of cases, a person who has been in practice as an advocate for not less than .....

Spencer Group Aerated Water Factory Employees' Union and anr. Vs. the ...

Court : Chennai

Reported in : (1997)ILLJ362Mad

..... all that the workmen are entitled to, is notice and compensation in accordance with the provisions of section 25f of the industrial disputes act, if the workman was in continuous service for not less than one year and that too only if the proviso to section 25ff of the i.d. ..... act is that if there is a transfer of undertaking, all the workmen who were in continuous service for not less than one year in the transferor undertaking shall be entitled to notice and compensation in accordance with the provisions of section 25f of the i.d. ..... on july 17, 1991, the second respondent company wrote to the labour officer giving the facts relating to the transfer of undertaking to the third respondent and also informing the labour officer that all the 170 workmen were carrying on their work under the third respondent-purchaser. ..... 262 dated april 8, 1993, the workers represented by their union again made a request for reference by way of amplifying earlier references so that they could question the transfer of the workers from the company to the purchaser. ..... c (south maharashtra) ltd & ors. v. r. m. m. ..... that was a case where a textile mill in bombay was taken over by the national textile corporation limited under the textile undertakings (taking over of management) act, 1983. ..... association of engineering workers, bombay & others : (1987)illj427sc the supreme court relied on the earlier judgment in management of hindustan steel ltd v. ..... treatment, bombay v. .....