Court : Supreme Court of India
Reported in : AIR1972SC1268; 1972LabIC444; (1972)ILLJ657SC; (1972)2SCC46; [1972]3SCR731
..... under section 2 of that act the bombay industrial relations act of 1946 as in force immediately before the commencement of the 1965 act in the bombay area of the state of maharashtra was extended ..... sections 11 to 22 deals with registration of unions and chapter iv with approved unions ..... any dispute or difference between an employer and employee or between employers and employees or between employees and employees and which is connected with any industrial matter;(18) 'industrial matter' means any matter relating to employment, work, wages, hours of work, privileges, rights or duties of employers or employees, or the mode, terms and conditions of employment, and includes-(a) all matters pertaining to the relationship between employers and employees, or to the dismissal or non-employment ..... 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. ..... the labour court after holding an enquiry took the view that the findings of the enquiry officer were perverse, that the order of dismissal was passed by a person not authorised to exercise the power and consequently the labour court directed the reinstatement of the ..... his complaint was that the charge sheet was not proper, that the head office of the appellant had no authority to deal with his case under the standing orders, that no evidence was allowed or filed on behalf of the employer and that the finding was based .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998IIAD(SC)20; AIR1998SC1233; [1999(82)FLR380]; (1998)2GLR1079; JT1998(1)SC604; (1998)ILLJ868SC; 1998(1)SCALE565; (1998)2SCC688; [1998]1SCR793
..... in fact, in the case of the unamended bombay industrial relations act and the maharashtra recognition of trade unions and prevention of unfair labour practices act, the qualifications of a presiding officer of the labour court were in terms of article 234 until the bombay industrial relations act was amended. ..... the labour court adjudicates upon disputes that, had it not been for the industrial disputes act, the bombay industrial relations act and the maharashtra recognition of trade unions and prevention of unfair labour practices act, would have been within the jurisdiction of the ordinary civil courts to decide, although the ordinary civil courts may not be able to grant all the reliefs that are contemplated by these acts. ..... labour courts have been constituted in the state of maharashtra under the industrial disputes act, the bombay industrial relations act and also under the maharashtra recognition of trade unions and prevention of unfair labour practices act. ..... they also prayed that the provisions of the amended section 9 of the bombay industrial relations act and the amended section 7 of the industrial disputes act in so far as these provisions authorised the appointment of assistant commissioners of labour as judge of the labour court, were void and illegal and contrary to article 234 of the constitution. ..... the high court has rightly come to the conclusion that the persons presiding over industrial and labour courts would constitute a judicial service so defined. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(4)AWC3567(SC); 2008(56)BLJR2023; [2008(118)FLR322]; JT2008(8)SC559; 2008(3)KLT33(SC); (2008)IIILLJ853SC; 2008(9)SCALE557; 2009(1)SLJ187(SC); 2008AIRSCW4279; 2008LABIC2621; 2008-III-LLJ-853; 2008(4)Supreme609
..... while dealing with and interpreting the provisions of articles 233, 234, 235, 236(a) and (b) and section 3(17) of general clauses act, bombay industrial relations act, 1946 and maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, held: (para 5 scc p. ..... district judges before the recommendations of the pay scales of the district judges by the shetty commission by which district judges were placed in higher scales which benefit has been denied to the presiding officers of industrial tribunals merely on the ground that the presiding officers of the industrial tribunal are not appointed under article 233 of the constitution of india nor they are appointed to the judicial services of a state under article 234 of the constitution. ..... taking note of the contentions and claims and counter claims of the respective parties, the high court has felt that the mere fact that the presiding officers of the industrial tribunals are not appointed on the recommendation of the high court or that they are not under the control of the high court cannot, by itself, be a good reason and adequate ground for ..... having been recognised and accepted by the state government for more than 30 years, the high court, in our view, has rightly observed that the mere fact that the constitution refers to the appointment of district judges alone cannot, by itself, be a good ground for treating the presiding officers of the industrial tribunal and the district judges differently. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC269; [2004(101)FLR635]; JT2003(8)SC243; (2003)IIILLJ1156SC; (2004)1MLJ87(SC); (2003)10SCC455; 2004(86)SLJ64(SC); 2004(1)LC483(SC)
..... said provision makes it clear that no proceeding under the bombay industrial relations act, 1946 or the id act shall be entertained when proceedings in respect of any matter failing within the purview of the maharashtra act is already instituted. ..... , cipla's case (supra) rightly held, that an industrial dispute has to be raised before the tribunal under the id act to have the issue relating to actual nature of employment ..... for dealing with complaints relating to unfair labour practices: -(1) where any person has engaged in or is engaging in any unfair labour practice, ten any union or any employee or any employer or any investigating officer may, within ninety, days of the occurrence of such unfair labour practice, file a complaint before the court competent to deal with such complaint either under section 5, or asthe case may be, under section 7, of this act:provided that, the court ..... all times the workmen of the principal employer and the, interposition of contractor or engagement through him was neither bona fide nor genuine but merely a camouflage designed to defeat the rights of the laborers remedies are available under both the above enactments to be availed of at the option and choice of the workman concerned under anyone or other, though not under both. ..... as rightly observed in cipla's case (supra), it is the relationship existing by contractual arrangement which is sought to be abandoned and negated and in its place the complainant's claim is to the effect that there was in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC834; JT1993(5)SC459; 1994LabIC70; (1994)ILLJ668SC; 1993(3)SCALE894; 1994Supp(1)SCC1; [1993]Supp2SCR540
..... act, unless the context otherwise requires -xxxx xxxx xxxx(i) 'workman' means a workman as defined in the industrial disputes act, 1947 (xiv of 1947) or an employee as defined in the bombay industrial relations act, 1946 ..... may require.xxxx xxxx xxxxsection 2(i) gives the same meaning to the expression workman as defined in the industrial disputes act or an employee as defined in the bombay industrial relations act. ..... the official gazette, and subject to such conditions and restrictions, if any, and for such period or periods, as may be specified in the order, direct that the provision of this act shall not apply to any specified factory or establishment or to any specified class of factories or establishments in any industry, if it is satisfied that it is just and proper so do to in the public interest or for any special reasons having regard to the more favourable conditions of employment in such ..... employees unions, who figure a respondents herein, filed a batch of writ petitions challenging the validity of a notification dated 9.10.92 issued by the industries, energy and labour department of the state government of maharashtra exercising the powers conferred by section 13 of the maharashtra workmen's minimum house-rent allowance act, 1983 ('act' ..... question since we are holding that the notification itself has rightly been quashed.14. ..... we agree with the high court that the notification is ultra vires of the act, void and unenforceable and therefore the same has been rightly quashed.13. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC311; [1985(50)FLR186]; (1985)ILLJ314SC; 1984(2)SCALE1000; 1984Supp(1)SCC663; [1985]2SCR492
..... state of bombay : (1954)illj1sc one of the contentions canvassed before the constitution bench was that section 13 of the bombay industrial relations act, 1946 as it then stood provided that a union can be registered as a representative union for an industry in a local area if it has for the whole of the period of three months next preceding the date of its application, a membership of not less than 15% .of the total number of employees employed in any industry in any local ..... is in force in the state of maharashtra a comprehensive legislation bombay industrial relations act, 1946 touching almost all aspects of industrial relations but it applies only to specified industries. ..... it was contended on behalf of mill ma/door sabha of which the appellants before this court were the office-bearers that the provisions that conferred an exclusive right only on the representative union to represent workmen was violative of fundamental freedoms guaranteed to, the members of mill mazdoor sabha or any other workman who is not a member of the representative union under article 19(1)(a) and (c) and was also violative of article 14 inasmuch as the two representatives of workmen were denied ..... the act went further and developed the concept of approved union on which powers were conferred for making reference of an industrial dispute to the relevant authority for adjudication, a power which under the central act is the close preserve of the ..... 890 was affirmed and approved in santuram khudai v .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2010(1)BomCR656; JT2009(15)SC269; (2010)ILLJ561SC; 2009(14)SCALE623; (2010)2SCC273; 2009(10)LC5041(SC)
..... the argument that giving the plain meaning would deprive the workers of the protection under bombay industrial relations act, 1946 of raising industrial disputes before the labour court and the industrial court, was also termed as incorrect argument, as firstly, there was no vested right for selecting the forum and secondly, the legislature had the competence to enact special laws for a class or section of workmen for improving their conditions of service and such special law would always prevail ..... section 17g provides that the provisions of bombay industrial relations act, 1946 would be applicable in case of trial of offences under this act ..... singh, learned senior counsel for the appellants that as per sections 3(13) and 3(14) of the bombay industrial relations act, all the employees are covered and any reduction from those employees has to be only after the notice of change is ..... of maharashtra (cited supra) including this court judgment in maharashtra rajya mathadi transport and central kamgar union v. ..... walawalkar, desk officer, informing that in an establishment till the workers doing mathadi type work are on their muster roll as direct workers and they are getting total protection and benefits under the various labour laws, till then such establishment shall not be included in the mathadi act or the schemes there ..... commercial tax officer and ors ..... commercial tax officer and ors ..... commercial tax officer and ors ..... sub-divisional officer, thandla and ..... sub-divisional officer, thandla and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC285; [1995(71)FLR1040]; JT1995(6)SC625; 1995LabIC2714; (1996)ILLJ899SC; 1995(5)SCALE400; (1995)6SCC326; [1995]Supp3SCR702
..... act was the bombay industrial relations act, 1946 ..... in the pipeline or are being attempted to be passed and proceedings are initiated for passing such ultimate orders which are alleged to be contrary to item 1 of schedule iv of the maharashtra act.sub-section (2) of section 30 of the maharashtra act lays down:in any proceeding before it under this act, the court, may pass such interim order (including any temporary relief or restraining order) as it deems just and proper (including directions to the person to withdraw temporarily the practice ..... back wages, or the payment of reasonable compensation), as may in the opinion of the court be necessary to effectuate the policy of the act :(c) where a recognised union has engaged in or is engaging in, any unfair labour practice, direct that its recognition shall be canceled or that all or any of its rights under sub-section (1) of section 20 or its right under section 23 shall be suspended.even this provision when read with item 1 of schedule iv shows that after adjudication the labour court can declare ..... of 1989 before the presiding officer, first labour court, bombay, alleging therein, inter alia, that the appellant's predecessor company had engaged in commission of unfair labour practices referred to in item 1 of schedule iv of the maharashtra act. ..... speaking through its learned member gawande, has made the following observations in paras 11 to 13, which we wholly approve :.the infinitive with or without adjuncts may be used, like a noun. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC413; 1999(1)ALLMR(SC)645; [1999(81)FLR932]; JT1998(8)SC552; (1999)ILLJ416SC; 1998(6)SCALE519; (1999)2SCC143; [1998]Supp3SCR488
..... in this connection, it is profitable to note that the phrase 'covered by the settlement' as found in the said clause of section 24 is not defined by the act nor it is defined by the bombay industrial relations act, 1946 or by the central act, namely, the industrial disputes act, 1947. ..... (here enter office address of the investigating officer, for the area concerned)(2) the registrar, industrial court, maharashtra, bombay. ..... the maharashtra act is enacted, amongst others, for the recognition of trade unions for facilitating collective bargaining for certain undertakings, to state their rights and obligations; to confer certain powers on unrecognised unions and to provide for declaring certain strikes and lock-outs as illegal strikes and lock-outs, to define and provide for the prevention of certain unfair labour practices and to constitute courts (as independent machinery) for carrying out the purposes of according recognition to trade unions.10. ..... provides:'where any person has engaged in or is engaging in any unfair labour practice, then any union or any employee or any employer or any investigating officer may, within ninety days of the occurrence of such unfair labour practice, file a complaint before the court competent to deal with such complaint either under section 5 or as the case may be, under section 7 of this act:'schedule iv, which is relevant for our purpose, deals with general unfair labour practices on the part .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC1867; 2008(3)ALLMR(SC)861; 2008(3)BomCR25; [2008(117)FLR891]; JT2008(4)SC211; (2008)IILLJ697SC; 2008(4)SCALE704; AIRSCW2618; 2008(2)Supreme760; (2008)13SCC441
..... section 59 makes it clear that if any proceeding is initiated under the the mrtu and pulp act, 1971, no proceeding shall be entertained by any authority in respect of those matters under the bombay industrial relations act, 1946 (bombay act) and industrial disputes act, 1947 (in short 'the i.d. ..... labour practices;and whereas, after taking into consideration the report of the committee the government is of opinion that it is expedient to provide for the recognition of trade unions for facilitating collective bargaining for certain undertakings; to state their rights and obligations; to confer certain powers on unrecognized unions; to provide for declaring certain strikes and lock-outs as illegal strikes and lock-out; to define and provide for the prevention of certain unfair labour practices ..... 'a' to the petition are working in the canteen of the management in its factory at nagothane, district raigad in the state of maharashtra, and the management was treating them as persons employed on contract basis through a contractor named m/s rashmi caterers, who was impleaded in the writ petition as respondent 5. ..... (e) the supervision and control on the canteen is exercised by the appellant through its authorised officer, as can be seen from the various clauses of the contract between the appellant and the contractor. .....
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