Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 25 right of officers of approved unions Court: supreme court of india Page 5 of about 117 results (0.775 seconds)

Workmen of Metro theatre, Bombay Vs. Metro theatre Ltd., Bombay

Court : Supreme Court of India

Reported in : AIR1981SC1685; (1981)IILLJ348SC; 1981(3)SCALE1125; (1981)3SCC596; [1982]1SCR164; 1981(13)LC954(SC)

..... the demands made by the workers' union and the adjudication thereon by the tribunal related to items like wage scale, dearness allowance, extra show allowance, gratuity, service conditions of non-permanent staff and retrospectivity, while granting special leave this court confined the appeal to three points, namely, (i) retrospectivity of the award, (ii) linkage of dearness allowance to some rational principle and (iii) construction of section 4(5) of the payment of gratuity act, 1972, and leave was expressly ..... appeal by special leave is directed against the award of the industrial tribunal maharashtra, bombay, dated september 22, 1977, in reference (i.t.) no. ..... there is little scope for enhancing the profits in cinema exhibiting industry inasmuch as the principal source of income being box-office collection the same is connected with and limited by the seating accommodation in any ..... nothing in this section shall affect the right of an employee to receive better terms of gratutity under any award or agreement or contract with the employer. ..... provisions of chapter viii including section 79(1) shall not operate to the prejudice of any right to which a worker may be entitled 'under any other law or under the terms of any award, agreement or contract of service', and a proviso to this sub-section laid down that when such award, agreement or contract of service provided for longer annual leave with wages than provided under the chapter, the worker shall be entitled only to such longer .....

Burmah Shell Oil Storage and Distribution Company of India Ltd. Vs. th ...

Court : Supreme Court of India

Reported in : AIR1971SC922; [1971(22)FLR11]; (1970)IILLJ590SC; (1970)3SCC378; [1971]2SCR758

..... under this act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person-(i) who is subject to the army act, 1950, or the air force act, 1950, or the navy (discipline) act, 1934; or(ii) who is employed in the police service or as an officer or other ..... otherwise than by way of manual labour within the meaning of that section is to be determined by considering whether any manual labour that he may do in the course of his service is the real substantial work for which he is engaged, or whether it is only incidental or accessory thereto; if it be the latter, the employment is not in manual labour.this principle was also later approved by the house of lords in the appeal, which came before ..... maharashtra, bombay, in a dispute referred by the government, relating to the revision of scales and grades of pay, dearness allowance, overtime payment, duty allowance, other allowances, and bonus for the year ..... on such consideration it has come to the conclusion that though on paper certain rights and powers were assigned to him and occasionally he acted in the place of the agent when the agent was absent, such duties did not form part of his principal and main duties.the court, thus, approved of the test of finding out which duties were the principal and main duties ..... union, bombay .....

The Bombay Panjrapole, Bhuleshwar Vs. the Workmen and anr.

Court : Supreme Court of India

Reported in : AIR1971SC2422; [1972(24)FLR87]; 1971LabIC1401; (1971)IILLJ393SC; (1971)3SCC349; [1972]1SCR202

..... the question involved in this appeal by special leave from an order of the bombay high court rejecting summarily a petition -under art.227 of the constitution for the issue of a writ of certiorari or other appropriate writ for examining the legality of the award made by the industrial tribunal, maharashtra on july 27, 1965 and published in the maharashtra gazette on august 19, 1905 and for quashing the same appears to be one of first impression so far as this court is concerned.the appellant before ..... in the cricket club's case (2) the court examined the different activities of the club and came to the conclusion that they did not lead to the inference that the club was carrying on an industry.on the facts of this case we hold that the activities of the panjrapole as disclosed in this case constituted an industry within the meaning of section 2(j) of the industrial disputes act and the appeal must therefore be dismissed with costs.s.c. ..... the workers served various interrogatories on the trustees to elicit from the various facts relating to the income by way of rent from building etc. ..... the residential staff including the resident medical officers, horsemen, nurses etc. ..... alive but with the idea of getting as much production out of them as possible.224in this view of the matter, it is hardly necessary to consider the other cases which were cited at the bar, namely, gymkhana club union case (1), cricket club v. ..... with respect, we do not consider this to be the right test. .....

State of Maharashtra and anr. Vs. Deep Narayan Chavan and ors.

Court : Supreme Court of India

Reported in : (2002)10SCC565

..... this apprehension, in our considered opinion, is misconceived, inasmuch as under section 341 of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965 when the whole of the local area comprising a municipal area ceases to be a municipal area, with effect from the date on which such local area ceases to be a municipal area, the council constituted for such municipal area shall cease to exist or function and the councillors of the council shall vacate office. ..... the expression unless sooner dissolved under any law for the time being would bring within its sweep the provisions of section 341 of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965 and therefore the moment the corporation is constituted in accordance with law, the elected municipal council would cease to function and so also the councillors, though elected will have to vacate the office. ..... the state of maharashtra assails an interim order passed by the bombay high court directing holding of election to the municipality. ..... in this view of the matter, we are not inclined to interfere with the interim order passed by the bombay high court directing holding of election to the municipal council.3. ..... since this relates to constitution of a corporation which, according to the state government, would be in the larger interest of the civic body, the high court would do well in disposing of the writ petition at an early date, preferably within three months from .....

Welfare Assocn. A.R.P., Maharashtra and anr. Vs. Ranjit P. Gohil and o ...

Court : Supreme Court of India

Reported in : AIR2003SC1266; JT2003(2)SC335; 2003(2)SCALE288; (2003)9SCC358; [2003]2SCR139; 2003(1)UJ654(SC)

..... out from the following part of sub-section (1) of section 8 :- "the officer shall determine such amount ofcompensation as he deems just having regard to all the circumstances of the case; and in particular he shall be guided by the provisions of sub-section (1) of section 23 and section 24 of the landacquisition act, 1894 (as in force in the bombay area of the state of maharashtra) in so far as they can be ..... property having been declared to be landlord, the ordinance took care to clarify (by sub-section (2) of section 3) :-"save as otherwise provided in this section or any other provisions of this act, nothing in this section shall affect:-(a) the rights of the landlord including his right to recover possession of the premises from suchtenant on any of the grounds mentioned insection 13 or in any other section;(b) the right of the landlord or such tenant to apply to the court for the fixation of ..... should be given preference in allotment of plots and flats by making suitable arrangement with city and industrial development corporation of maharashtra limited and maharashtra state housing board. ..... both these acts were repealed by a more comprehensive legislation namely, the bombay rents, hotel and lodging house rates (control) act, 1947 which was enacted to amend and consolidate the law relating to the control of rents and repairs of certain premises, of rates of hotels and lodging houses and of evictions and also ..... the constitution bench did not approve the two judges bench observation .....

Polychem Limited Vs. R.D. Tulpule, Industrial Tribunal, Bombay and anr ...

Court : Supreme Court of India

Reported in : AIR1972SC1967; 1972LabIC1135; (1972)IILLJ29SC; (1972)1SCC885; [1972]3SCR855

..... the short but important point raised in these two appeals by special leave relates to the validity of that part of the award of the industrial tribunal, maharashtra, bombay, by which the demand for vacation allowance of the workmen of the appellants messrs polychem ltd ..... if, therefore, the company were to be compelled to pay lunch allowance to all workmen including those who work at the offices it would in tact mean a double provision for the constituent of the cost of food already provided for in the wage scales and the rates of dearness allowance ..... these two appeals are directed against the impugned award in two references under section 10(1)(d) of the industrial disputes act, 1947, one of which (ref. no. ..... 's case : (1969)iillj755sc is also worth quoting:we consider it right to observe that in adjudication of industrial disputes settled legal principles have little play : the awards made by industrial tribunals are often the result of ad hoc determination of disputed questions, and each determination forms a precedent for determination of other ..... the iron and steel mazdoor union, kanpur : (1956)illj227sc relying on the following passage at ..... the union on the other hand contended that it was allowed in the banks and refineries by settlements though refused by the ..... union of india : (1961)illj339sc it is observed:it will be seen from this summary of the concepts of the living wage held in various parts of the world that there is general agreement that the living wage should enable .....

Rashtriya Chemical and Fertilizers Ltd. and anr. Vs. General Employees ...

Court : Supreme Court of India

Reported in : 2008(2)BomCR467; [2007(113)FLR972]; JT2007(6)SC67; (2007)2LLJ1032SC; 2007(6)SCALE110; (2007)5SCC273; 2007IILLJ1032(SC)

..... both in relation to abolition of contract labour in terms of section 10 of the 1970 act as also in relation to making a reference for industrial adjudication to labour court or a tribunal under section 10(1)(d) of the 1947 act. ..... was taken under section 3(b) of the act it was obligatory for the state government to make a reference under section 4k for adjudication of the industrial dispute raised in relation to the said action ..... high court has given following directions while disposing of the petition by judgment dated 23.1.2003: (i) the appropriate government that is the government of maharashtra is directed to make a reference of the following dispute/s to the industrial tribunal for adjudication within two months from today. ..... we may, however, take note of a sentence occurring in the judgment of this court the case of bombay union of journalists (supra) at page 35 which reads thus:if the appropriate government refuse to make a reference for irrelevant considerations, or on extraneous grounds, or acts mala fide, that, of course, would be another matter; in such a case a party would be entitled to move court ..... contract labour in some other jobs/works in the establishment of rashtriya chemicals and fertilizers limited, in their plants at chembur, mumbai priyadarshini complex and that district raigad, maharashtra is being issued separately in consultation with the ministry of law, justice and company affairs (legislative deportment).5. ..... as rightly contended by learned counsel for the .....

Raymond Ltd and Another Vs. Tukaram Tanaji Mandhare and Another

Court : Supreme Court of India

..... undertakes contracts for the execution of any of the whole of the work or any part of the work which is ordinarily work of the undertaking is an employee within the meaning of section 3(5) of the mrtu and pulp act?2) whether a complaint filed under the mrtu and pulp act by an employee as defined under section 3(l3) of the bombay industrial relations act, is maintainable although no direct relationship of employer employee exists between him and the principal employer?3) whether a complaint filed under the mrtu and pulp ..... the facts of the case are that the petitioners filed complaints under section 28 read with items l (a)(b), (d) and (f) of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, l97l (hereinafter referred to as the mrtu and pulp act), before the industrial court/labour court for certain reliefs claiming that they are employees of the respondent company ..... in our opinion, in view of the difference of opinion in some of these decisions and the importance of the controversy involved and its application particularly in the state of maharashtra, an authoritative decision is required by a larger bench on the issues involved.11. ..... maharashtra general kamgar union, (200l) 3 scc l0l were pronounced by the this court, and relying upon these decisions, an application was made by the respondent company before the court that the complaints were liable to be dismissed as there was no ..... mgk union (2001) 3 scc 101, sarva shramik sangh .....

All India Judges Association Vs. Union Of India .

Court : Supreme Court of India

..... not only citizens but non-citizens also absence of any adjudicatory mechanism or the inadequacy of such mechanism, needless to say, is bound to prevent those looking for enforcement of their right to equality before laws and equal protection of the laws from seeking redress and thereby negate the guarantee of equality before laws or equal protection of laws and reduce it to a mere teasing illusion.33. ..... though labour courts and industrial tribunals, both statutory courts created under the industrial disputes act, 194733 are not presided over by judicial officers, they are entitled to equal pay as district judges based on the ..... of the judges of the family courts (recruitment and service conditions) maharashtra rules, 1990 also provides that the judge shall draw pay and allowances at par with the judges (principal judge, additional principal judge and judge respectively) of the city civil court, bombay and at other places pay and allowances as admissible to the district judge ..... the commission suggested that the arrears of pay be given during the calendar year 2020, this court after considering the submissions of the union and the state that the payment of arrears at one go may not be possible and by order dated 27.07.2022 directed that the ..... proceedings, on 21.03.2002, this court approved the recommendations of the fnjpc pertaining to emoluments with certain modifications relating to allowances.3 notably, the recommendations were ..... 33 section 7 and 7a of the industrial tribunals act, .....

Pharmed Private Ltd. Vs. the Workmen

Court : Supreme Court of India

Reported in : [1970(20)FLR70]; (1969)3SCC745

..... by the appellant company, is directed against the award, dated june 26, 1969 of the industrial tribunal, maharashtra, bombay in reference (it) no. ..... its workmen (2),before comparing the establishment in question with other establishments engaged in the same trade in the region, it would be obviously necessary for the industrial tribunal to compare the establishments in respect of heir standing, the extent of the labour force employed by them, the extent of their respective customers and what is more important, a comparative study should ..... the tribunal, we have already pointed out, has rejected the demand of the union for grant of dearness allowance at the rate of 45% on cost of living index 610, wages being worked out at 500 and a 5% rise ..... in the questions noted above and which relate to a claim for dearness allowance, it will be seen that there is a reference to two settlements, one dated october 10, 1964 and the other dated april 6, 1966 and it is necessary to refer to those agreements in so far as they relate to payment of dearness allowance as they provide ..... 581 and 600.since the cost of living index has gone above 600, it is agreed that the matter of dearness allowance shall be referred immediately for decision by joint application under section 10(2) of the industrial disputes act, 1947. ..... 10, 1964, sign ed before the conciliation officer, bombay, remains unaffected.8. ..... clause 7 of the agreement gives a right to the manufacturer to terminate the agreement by three months' written .....