Court : Mumbai
Reported in : 2001(3)ALLMR666; [2001(91)FLR127]; (2002)IVLLJ975Bom
..... the respondent-bank had, therefore, raised a preliminary issue contending that the petitioner was not an employee as per the definition of sub-section 13 of section 3 of the bombay industrial relations act, 1946 and on that count the labour court did not have jurisdiction to entertain the application.2. ..... the cross examination of the petitioner clearly indicates the nature of his duties and responsibilities and that supports the contention of the bank that he was not an employee as defined under sub-section (13) of section 3 of the bombay industrial relations act, 1946.9. ..... according to the petitioner, the respondent-bank is governed by the provisions of the bombay industrial relations act, 1946. ..... the cross examination further indicates that he had to entertain correspondence with co-operative department of the state of maharashtra, agricultural department of the state of maharashtra, reserve bank of india and apex bank. ..... not only that he was drawing basic salary more than rs. ..... the pay-scale of the chief executive officer is the same for all the four posts as shown on page 70 of the petition and the petitioner has also in his cross examination admitted that the posts of the chief executive officer are inter-changeable, that is, a person appointed as chief executive officer in one branch can be transferred as chief executive officer in another branch. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(4)ALLMR372; 2006(4)BomCR21; [2006(111)FLR253]; 2006(5)MhLj277
..... the rival contentions give rise to the spinal issue as to whether in an industry covered by bombay industrial relation act, 1946 (bir act for short), the employees can resort to a strike in support of their charter of demand without complying with the provisions of the bir act and, whether compliance of the provisions of the mrtu & pulp act would absolve the employees from giving a notice under bir act. ..... section 28(1) of the bir act provides that when there is no representative union in respect of any industry in a local area, the employees in each undertaking in the industry and in each occupation therein may in the prescribed manner elect five persons from, amongst themselves, to represent them for the purposes of the bir act. ..... orders dated 15.1.1996 and 17.1.1996 respectively passed by the industrial court, solapur; one rejecting contention of the employer that the strike resorted to by the respondents-employees of the petitioner bank was illegal and by another order holding that the petitioner-employer bank has committed unfair labour practice under item 8 of schedule iv of the maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971 (mrtu & pulp act for short) by recruiting employees during the period of legal ..... chapter-ii provides for the authorities to be constituted or appointed under the act, whereas chapter-iii deals with the registration of unions. 32. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(1)BomCR201; 2003(4)MhLj619
..... of the said expression under section 3(14) of thebombay industrial relations act, 1946, hereinafter called as 'the bir act', andthereby has acted illegally in dismissing the complaint. ..... undisputedly, the state government hasframed the maharashtra factories rules, 1963 in terms of the provisions of thesaid act and the rule 79(1) thereof provides that the occupier of every factorywherein more than 250 workers are ordinarily employed and which is specifiedby the state government by a notification in that behalf shall provide, in or nearthe factory, an adequate canteen according to the standards prescribed in therules, it is ..... bombay industrial relations act, and ifsuccessful therein to seek remedy under the said act ..... andthe person employed by the contractor to do such work would be the employee'.in sakhar kamgar union's case, in para 6 thereof, it was held that a combinedreading of these definitions suggests that in an undertaking covered by the biract, if any work which is ordinarily part of the undertaking has been entrusted toa contractor for execution by or under him and, for executing such work, thecontractor engages contract labour, then notwithstanding the fact that there is ..... if one considersthese facts vis-a-vis the definition clause of the employer to be found in section 3(14) of the bir act, it would at once reveal that there is nothing disclosedtherein which can reveal that the canteen, wherein the petitioners were employed,formed 'ordinarily part of the .....
Tag this Judgment!Court : Mumbai
Reported in : [1989(59)FLR172]; (1990)ILLJ316Bom
..... as the question of law as to the interpretation of section 40a of the bombay industrial relations act, 1946 (hereinafter referred to as 'the act') is involved in these writ petitions, they are heard together and are being disposed of by this common judgment.2. ..... ganguli for more than one reasons. ..... gir-1477/2397 (iii) lab 9, l dated october 16, 1981, the labour department of the government of maharashtra amended and notified model standing orders under sub-section (5) of section 35 of the act introducing therein clause 24, sub-clause 5a, whereby provision was made for paying subsistence allowance to a suspended workman pending enquiry. ..... the complaints were finally disposed of by a common judgment by the learned member of the industrial court on october 20, 1982 holding that there was amendment to the model standing order on october 16, 1981 by the government of maharashtra which was applicable to the workmen of the petitioner which was not implemented by the petitioner at the time of suspension of the two first respondents in both the petitions and, therefore, the petitioner committed unfair labour ..... 9 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') against the petitioner. ..... 1862 of 1983 is concerned, the complaint of unfair labour practice was filed by the first respondent-union (maharashtra general kamgar union), being complaint (u.l.p.) no. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(3)ALLMR424; 2000(4)BomCR226; (2000)2BOMLR639; [2000(86)FLR760]; (2000)IILLJ716Bom; 2000(4)MhLj246
..... if there was no demand, then the definition of the lock out within the meaning of the bombay industrial relations act would not be satisfied and therefore there could not be said to be a lock out as contemplated in law ..... proceedings are initiated under the provisions of this act, then no proceedings can be initiated under the industrial disputes act, 1947 or bombay industrial relations act, 1947. ..... under the bombay industrial relations act it must be established that there was an element of demand and element of ..... the above background, the submissions made on behalf of the petitioners can now be examined.it is firstly contended that while considering the issue of lock out what has to be examined is the definition under the bombay industrial relations act. ..... i had occasion to differentiate the view taken by a division bench of this court in maharashtra general kamgar union v. ..... said so, i am of the opinion that the petitioners have not made out any case and consequently the petition must be dismissed.for the reasons aforementioned, petition dismissed.in the circumstances of the case, there shall be no order as to costs.9. p.a. ..... once that be so and more so considering section 32 of the m.r.t.u. & p.u.l.p ..... if the petitioners wanted to go back on exhibit u-76, the directors or any one of the directors could have examined themselves so that the contention of the company could be ..... one of the application had been dismissed on the ground, that acceptance of said alternate work is proper and .....
Tag this Judgment!Court : Mumbai
Reported in : (1995)IIILLJ263Bom
..... 1 company is a unit in woollen textile industry in the local area of thane municipal corporation and is governed by the provisions of the bombay industrial relations act, 1946 that is, b.i.r. ..... it is difficult for us to draw the conclusion that the proceedings other than that stipulated in sub-section (2) of 21, the representative union has no legal right to appear and act on behalf of the employees and that right could be exercised by other trade unions in the field.16. ..... simultaneously, they have also impugned the interim orders passed by the learned industrial court on 23rd january, 1991 in the said complaint proceedings, under provisions of sub-clause (2) of section 30 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, hereinafter referred to as 'the act no. ..... we say so because it would always be open for a trade union more so by a rival union to impose itself in a pending proceeding and stall the same with the result that the purpose for which the proceeding was initiated should stand frustrated. ..... by this we however do not desire to lay down that the trade unions other than the representative one cannot carry out the trade union activities by propagating for membership by legal, just and constitutional means.17. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1969Bom56; (1968)70BOMLR298; ILR1969Bom455; (1968)IILLJ757Bom; 1968MhLJ377
..... . section 78(1)d has been introduced for the first time in the bombay industrial relations act, 1946, by section 31 of the maharashtra act , 1946, by section 31 of the maharashtra act no 22 of 1965 this maharashtra act 22 of 1965, which came into force in the whole of the state of maharashtra from 1st of may 1965 which came into force in the whole of the state of maharashtra from 1st of may 1965, which was in force in areas other than vidarbha in the maharashtra state till 1-5-1965 ..... . several contingencies have been enumerated to enable the labour court to exercise its power and these contingencies are that the order of dismissal, discharge, removal, termination of service or suspension of an employee is made under one or the other of the following circumstances:(1) that the order was passed more than six months after the default or misconduct came to the notice of the employer ..... . he shall send a copy of such notice to the chief conciliator, the conciliator for the industry concerned for the local area, the registrar, the labour officer and such other person as may be prescribed ..... . provided that no such application shall lie unless the employee or a representative union has in the prescribed manner approached the employer with a request for the change and no agreement has been arrived at in respect of the change within the prescribed period'. 11 .....
Tag this Judgment!Court : Mumbai
Reported in : [1991(63)FLR382]; (1992)ILLJ248Bom; 1991(1)MhLj318
..... on february 13, 1985, the rashtriya mills mazdoor sangh, a representative union for the local areas of the cotton textile industry in greater bombay, sent an approach notice under section 42(4) of the bombay industrial relations act, 1946, in respect of 1,654 employees, including the petitioners, on the basis that the management had illegally refused to assign work to the said workmen. ..... the only question which, therefore, arises for my consideration is as to whether the interim order dated august 26, 1986 (exhibit 'a' to the petition) passed by the labour court in the application under section 78 and 79 of the bombay industrial relations act, 1946, can be described as a settlement or an award. ..... recovery of money due to him, and if the appropriate government is satisfied that any money is due, it shall issue a certificate for that amount to the collector who shall proceed to recover the same in the same manner as an arrear of land revenue : provided that every such application shall be made within one year from the date on which the money became due to the workman from the employer : provided further that any such application ..... jointly and severally from the national textile corporation (south maharashtra) ltd. ..... in this view of the matter, i have no choice left other than to dismiss this petition, as i find that the commissioner of labour has no jurisdiction to entertain an application for execution of the interim order exhibit 'a' to the petition under section 33c(1) of the i.d. .....
Tag this Judgment!Court : Mumbai
Reported in : (1997)IILLJ1097Bom; 1996(1)MhLj505
..... workmen challenged the action of the respondent in applications under sections 78 and 79 read with section 42(4) of the bombay industrial relations act, 1946. ..... of these 165 workmen, around 142 workmen initiated proceedings under the bombay industrial relations act, 1946. ..... retrenchment orders/notices were challenged under section 78 of the bombay industrial relations act. ..... it was held that the workmen had not led positive and reliable evidence about the compliance of section 42(4) of the bombay industrial relations act. ..... the petitioner, maharashtra general kamgar union, which is espousing the cause of the workmen who had been unsuccessful before the labour court, industrial court, single judge of this court and division bench of this court, filed complaint (ulp) ..... of 1990 under items 5 and 9 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short 'the mrtu & pulp act'). ..... (ii) the parties will file their respective rejoinders and thereafter the industrial court will dispose of the matter expeditiously but not later than december 31, 1996.1f, in any event the industrial court is unable to decide the matter, reference in this behalf has to be made to this ..... matter cannot be said to he directly and substantially in issue in a suit or lis unless it was alleged by one party and denied or admitted, either expressly or by necessary implication, by the other. ..... what is more, even in the writ petition the said question was not .....
Tag this Judgment!Court : Mumbai
Reported in : (2002)104BOMLR230
..... of 1997 on 17.9.1998 in exercise of its appellate jurisdiction of the bombay industrial relations act, 1946.2. ..... 1, the representative and approved union for the undertaking in the local area, complaining against the dismissal order passed by the petitioner ..... considering the fact that the conductor had put in more than 20 years service and that he had exceeded the permissible shortage by ..... the petitioner being aggrieved by the said order of the industrial court have filed the present petition under article 226 of the constitution of ..... labour court thought it fit to give the conductor one more opportunity considering his age and service put by him. ..... is aggrieved by the judgment and order of the industrial court, maharashtra at mumbai passed in appeal (ic) no. ..... 60.60 1.5.1990 to 17 the punishment by one step for period 31.5.1990 was substituted of one year with reduction in grade by one step for a period of six months in appeal. ..... act by approaching the labour court under section 79 read with sections 78 and 42(4) of the act questioning the legality and validity of the order of dismissal and praying for reinstatement with full back wages and continuity of ..... 1.1.1991 to 16 the punishment by two steps for a 31.1.1991 was substituted period of two years with reduction in grade by one step for two years in appeal. 8. ..... 63.70 1.10.1989 to 18 the punishment by one step for a 31.10.1989 was substituted period of six months with warning in ..... 1.12.1991 to 21 by one step permanently 31.12.1991 9. .....
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