Court : Mumbai Aurangabad
..... is no industrial dispute under the central act (id act) or the bombay industrial relations act, 1946, pending before the industrial tribunal, which concerns all the members of the said union. 18 ..... not correct to say that even though where the order of discharge or dismissal is inoperative for contravention of the mandatory conditions contained in the proviso or where the approval is refused, a workman should still make a complaint under section 33a and that the order of dismissal or discharge becomes invalid or void only when it is set aside under section 33aand that till such time he should suffer misery of unemployment in spite of statutory protection given to him by the proviso ..... - such officers, members of the office staff and members of any union (other than a recognised union) as may be authorised by or under the rules made in this behalf by the state government shall, in such manner and subject to such conditions as may be prescribed, have a right (i) to meet and discuss with an employer or any person appointed by him in that behalf, the grievances of any individual member relating to his discharge, removal, retrenchment, termination of service and suspension; (ii) to appear on behalf of any of ..... only coincidental that the union is taking the lead along with the 43 workers in espousing their individual cause as is provided for under section 21 and 22 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 ("the act of 1971 ?). 19. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... secondly, this 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 and cooperative banks. ..... (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 dated 02.11.1973. ..... (l) on 05.05.1983, the head office at bombay finally approved and published the seniority list of the nanded branch. ..... he contends that since a circular was issued by which the service conditions of the employees were revised, the dispute raised by the respondents before the cooperative court, has rightly been raised and the same is maintainable. 13. ..... morinda cooperative sugar mills workers union, 2006 air scw 3849. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the industrial court u/s 44 were held to be akin to its jurisdiction u/s 85 of the bombay industrial relations act (now maharashtra industrial relations act ..... . the revisional jurisdiction of the industrial court under section 44 of the pulp act, which is analogous to its jurisdiction under section 85 of the industrial relations act, does invest the industrial court with the power to examine the legality of the order passed by an authority below it whenever the record of ..... the petitioners have challenged the judgment and order dated 13.7.2015 delivered by the industrial court, latur, by which the revision petition filed by the petitioners has been allowed (in fact partly) and they have been directed to address the labour court in the pending criminal complaint no.6/2011 filed u/s 48(1) of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, as to why process should not be issued against them. ..... of the jurisdiction of the industrial court under section 85 of the bombay industrial relations act has been described ..... labour court shall take cognizance of any offence except on a complaint of facts constituting such offence made by the person affected thereby or a recognised union or on a report in writing by the investigating officer. 40. ..... . in the instant 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 .....
Tag this Judgment!Court : Mumbai Aurangabad
..... bombay industrial relations act, 1946, has been extended to sugar industry on 4-10-1952 and the petitioners have got necessary certificate of registration as trade unions ..... petition at exhibit "l" be declared ultra virus of the constitution of india and it be accordingly struck down; (f) pending hearing and final disposal of this petition, the execution, implementation, operation of the act no.1 of 2012 namely maharashtra agricultural lands (ceiling on holdings) act, 2011, as published in government gazette dated 2nd of february 2012 annexed to the present petition at exhibit "l" be stayed; (g) ad interim relief in terms of prayer clause (f) may kindly be ..... maharashtra government gazette on 17-4-2006 (exhibit "a") is unenforceable and cannot be acted upon since it is not a law nor it is having force of law and the same is liable to be quashed and set aside; (e) pending hearing and final disposal of this petition, the respondents be restrained by way of injunction not to proceed further with the applications if received for grant of land under section 281-aa from the ex-lessors, in pursuance of the maharashtra act ..... prima facie holding that impugned amendments do not extinguish or modify rights contemplated under article 31a of the constitution of india, refused ..... application by ex-lessors to claim return of land has been added at the instance of office of hon'ble president while giving assent to maharashtra amendment act no. ..... the office of hon'ble apex court forwarded certified copy of .....
Tag this Judgment!Court : Mumbai Aurangabad
..... 189 of 1996 before the industrial court through the representative union under the bombay industrial relations act (respondent no. ..... there were repeated complaints voiced in several matters arising under the provisions of maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, that ex-parte orders with drastic and far reaching consequences were being made by industrial and labour courts, for the asking. ..... at the cost of repetition, it may be pointed out that the regulations governing the procedure and practice of the industrial courts are framed in exercise of the delegated statutory powers vested in the industrial court under section 33 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 and such regulations validly framed, have statutory force and are required to be mandatorily followed by the industrial courts as governing the practice and procedure before it. ..... (1) where in any action filed under the act, it is proved by affidavit or other evidence that any of the parties to the action has committed and/or there is a reasonable apprehension that it would commit an unfair labour practice, so as to frustrate the lawful right of the other party, the court may, on proof of prima facie case in favour of the concerned party, grant temporary injunction to restrain commission of such unfair labour practice and/or make such order for the purpose .....
Tag this Judgment!Court : Mumbai Aurangabad
..... bombay industrial relations act, and if successful therein to seek remedy under the said act ..... that mere denial of status of the complainant as that of employee by the opponent, cannot non-suit the employees and such denial would not oust the jurisdiction to the industrial court to ascertain the fact situation by framing issues and asking the parties to lead evidence in mat regard, and to decide the same, possibly by summary manner. ..... court has held that, in fact, the concerned workmen were working under the orders of the officers of the appellant, and were being paid rs 70/- per day, while the workmen/employees of the ..... observations of the learned single judge but with a rider that in cases where the employer-employee relationship was recognised at some stage and thereafter it was disputed, the industrial court has jurisdiction to decide this issue as an incidental issue under section 32 of the mrtu and pulp act. 17. ..... however, this new technique of subterfuge has been adopted by some employers in recent years in order to deny the rights of the workmen under various labour statutes by showing that the concerned workmen are not their employees but are the employees/workmen of a contractor, or that they are merely daily ..... maharashtra general kamgar union ..... in that decision the question was whether in view of section 10 of the contract labour (regulation and abolition) act, 1970 the employees of contractors stood automatically absorbed in ..... of the notification under section 10 of the act. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... of wages has been delayed, such person himself, or any legal practitioner or any official of a registered trade union authorised in writing to act on his behalf, [or a representative union registered as such under the bombay industrial relations act, 1946], or any inspector under this act, or any other person acting with the permission of the authority appointed under sub-section (1), may apply to such authority for a direction under sub-section (3): [and in case of death of the employed person, it shall be lawful for his legal representative to make an application ..... rules in winding up of insolvent companies (1) in the winding up of an insolvent company, the same rules shall prevail and be observed with regard to (a) debts provable ; (b) the valuation of annuities and future and contingent liabilities; and (c) the respective rights of secured and unsecured creditors ; as are in force for the time being under the law of insolvency with respect to the estates of persons adjudged insolvent : [provided that the security of every secured creditor shall be deemed ..... [(5) any amount directed to be paid under this section may be recovered by the authority as an arrear of land revenue and the authority shall for that purpose be deed to be a public officer within the meaning of section 5 of the revenue recovery act, 1890] 07. ..... the apex court in a case of bank of maharashtra vs. ..... the learned counsel relies on the judgment of the apex court in a case of bank of maharashtra vs. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the effect of section 4 of bombay village panchayat act also cannot be taken away relating to a legal rights flowing in favour ..... (1) the corporation for every city constituted under this act existing on the date of coming into force of the maharashtra municipal corporations and municipal councils (amendment) act, 1994, specified as a larger urban area in the notification issued in respect thereof under clause (2) of article 243-q of the constitution of india, shall be deemed to be duly constituted municipal corporation for the larger urban area ..... for the corporation is unable to point out government notification in terms of section 3 of maharashtra municipal corporation act. ..... however, no steps are taken as yet by the municipal corporation though as referred earlier, government of maharashtra has by virtue of direction in writ petition indicated on 17.4.2010 to incorporate survey nos.28 to 44 and 46 to 75 within limits of aurangabad municipal corporation, of course, ..... this clause may not be constituted in such urban area or part thereof as the governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, by public notification, specify ..... the maharashtra regional town planning act 1966 deals with provisions or planning of development and use of land to make better provision for preparation of development plan, particularly to provide for .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the bombay industrial relations act, and if successful therein to seek remedy under the said act thereafter. ..... as the respondents were not accepting the appellants' claim to treat them as their employees, the appellant filed a complaint under section 28(1) of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter called the mrtu and pulp act) alleging that the respondents had engaged in unfair labour practices under item nos. ..... (l) though the attendance record produced at exhibit u/38 does not bear the signature of any responsible officer of the respondent, it would indicate that they were working on the same nature of activity as was being performed by the regular employees. ..... international air cargo workers union [2009 (13) scc 374] thus: "if the contract is for supply of labour, necessarily, the labour supplied by the contractor will work under the directions, supervision and control of the principal employer but that would not make the worker a direct employee of the principal employer, if the salary is paid by contractor, if the right to regulate employment is with the contractor, and the ultimate supervision and control lies with the ..... (e) the petitioners were not on the rolls of the respondent right from the day they were deployed by the contractors in the housekeeping activity. ..... whether, it is professional or skilled work; (g) nature of establishment; (h) the right to reject. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... it is prayed that subsection (4) to section 3 of the bombay provincial municipal corporations act, 1949 and proviso to subclause (d) of subsection (1) to section 6 of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965, (hereinafter referred to as,?the municipal councils act? ..... to use the phrase which better expresses the underlying concept, what the requirements of fairness demand when any body, domestic, administrative or judicial, has to make a decision which will affect the rights of individuals depends on the character of the decision making body, the kind of decision it has to make and statutory or other framework in which it operates. ..... thus, only to enable to publish a notification under section 3 in relation to an existing municipal council and when the urban area for which it is constituted, has a population in terms of the latest census figures exceeding 3 lakhs, that the said proviso has been added. 45. ..... the petitioners would have thus remained in office, but for the notification issued on 1st november, 2011, by the government of maharashtra, appointing the collector as administrator/authorized officer under section 452a of the then bombay provincial municipal corporations act, 1949. ..... the term of office of the members of the municipal council would end on 20th december, 2011. 9. .....
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