Court : Mumbai
Reported in : (2001)ILLJ187Bom
..... one of the points canvassed in the written statement and which was the only point urged before me, was the refusal of work by the employer to the workman may amount to a closure within the meaning of section 3(8a) of the bombay industrial relations act which would merely give a right to claim compensation for such closure. ..... of the corporation was that even if there was a refusal to provide work as alleged, this would amount to a closure and, nonetheless, the legality and justification for the closure would need to be determined in an adjudication under the bombay industrial relations act, in the absence of which the workers would not be entitled to any relief. ..... fourthly, the remedy, if any, under the provisions of the bombay industrial relations act cannot operate to oust the remedy under the mrtu & pulp act, 1971. ..... the workman had also moved an application under section 33-c(2) of the industrial disputes act, 1947 for the payment of salary for the prior period ending on june 30, 1990.3. ..... the complaint in question was filed under items 5 and 9 of schedule iv to the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. ..... though it was sought to be urged on behalf of the corporation that under a settlement with the recognized union, a cut off date for reporting for work had been laid down, yet, it was found that some of the employees had been allowed to resume duties even after the alleged cut off date. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(1)BomCR842; [2007(112)FLR1003]; 2007(1)MhLj644
..... counsel for the petitioners drew our attention to section 21 of the maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971 (hereinafter referred to as the 'trade union act') and section 33 and 33a of the bombay industrial relations act, 1946 (hereinafter referred to as the 'act of 1946'). ..... there very question involved in that appeal was:does a representative-union under the bombay industrial relations act, 1946 (bir act) have the exclusive right to represent the employees of the industry concerned in complaints relating to unfair labour practices under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (mrtu & pulp act) other than those specified in items 2 and 6 of the schedule iv thereof.in this judgment the supreme court also relied upon the judgment in the case of girja shankar then in paragraphs ..... section 42 has been interpreted by judicial pronouncements taking the view that the representative union does not act merely as a post office and has wide discretion in the matter. ..... -(1) notwithstanding anything herein before contained the [state] government may, at any time on the report of the labour officer or on its own motion, refer any industrial dispute between employers and employees to the arbitration of a labour court or the industrial court. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(2)ALLMR78; 2007(1)BomCR529; (2007)109BOMLR1; [2006(108)FLR879]; (2007)IILLJ217Bom; 2007(1)MhLj659
..... act which applies to establishments covered by the provisions of that act and those industries covered by the provisions of the bombay industrial relations act.the code of discipline has emerged from a consensus on the part of industries and unions to recognise the union ..... the administrative cost of a secret ballot, especially when it has to be held in a multi unit undertaking goes to crores of rupees and the development of a formidable number of polling officers;(vi) that this raises the question of the source from which the money to defray the expenditure on the secret ballot should come, whether it should be from the management or workers or the government. ..... the supreme court noted that though there was a strong demand from some sections for recognizing the bargaining agent of the workmen by a secret ballot or otherwise, the national ..... reference as under:(1) the ratio of the judgment of the supreme court in automobile products of india employees union (supra) and association of engineering workers (supra) and the judgment of division bench in associated engineering (supra) applies to verification of membership of the unions and establishments, covered under the provisions of the maharashtra recognition of trade unions and prevention of unfair labour practices act. ..... of unions to determine their representative character was also approved by ..... matter of recognition of unions, as industrial democracy implies that the majority unions should have the right to sole representation i.e. .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(112)BomLR80
..... that because of this exercise undertaken by the industrial court, employer did not get opportunity to address that court to show that charge sheet was served within reasonable time, or then also to show that provisions of section 78 [1][d][i] of the bombay industrial relations act, were only directory. ..... states that, though charge sheet was in relation to absence from 05.11.1991, ultimately the enquiry officer has recorded a finding only for period upto 31.03.1993, as the name of employee was appearing in muster only upto the said date and enquiry officer has not gone into the absence beyond 31.03. ..... that, by issuing charge sheet dated 10.01.1996, it had indulged in unfair labour practice falling under item 9 of schedule iv of the maharashtra recognition of trade union and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the mrtu & pulp act' for short).2. ..... also show that the allegations leveled in the charge sheet were contrary to the legal provision and hence management does not have any right to conduct any enquiry through enquiry officer, when the matter was pending. ..... 6 of ulp complaint before industrial court, employee has pleaded that the management does not have any right to conduct enquiry against him on allegations of absentism, when he was on esi leave and ..... he argues that all these facts are considered by the enquiry officer while conducting the enquiry pursuant to the charge sheet dated 10.01.1996, and hence the contention that he was on sick leave .....
Tag this Judgment!Court : Mumbai
Reported in : [2002(93)FLR350]; (2002)IILLJ328Bom
..... trade union, registered under the trade unions act, 1926, and is also registered as the representative union under the bombay industrial relations act, 1946, for the co-operative banking industry in ..... union neither registered as a representative union in the local area as contemplated by the bombay industrial relations act, 1946 ..... act which is a self contained code providing for every contingency arising in the course of industrial relations between the employer and his employees represented by the representative of employees or the representative union ..... membership is irrelevant as it has exclusive right under the provisions of the bir act, 1946 to act and appear in any proceedings to the ..... had not submitted any charter of demands or any notice of change and it might not have represented them at any time after its registration as a representative union for the industry in the local area, but according to the learned counsel the said past record of his client was irrelevant. ..... act, 1946 and also under the maharashtra cooperative societies act ..... act as per section 73-bb the representative union is entitled to depute two of its representatives on the board of directors but the petitioner union never exercised the said valuable right in favour of the employees to depute its representatives which was the exclusive statutory privilege of a representative union under the said provisions of the act ..... with any other union/individual or group of individuals or office bearers of any other union. .....
Tag this Judgment!Court : Mumbai
Reported in : [2006(108)FLR1184]; (2006)IILLJ625Bom
..... section 59 bars the proceedings under industrial disputes act or bombay industrial relations act, if any proceeding in respect of the matter falling under mrtu & pulp act is instituted under that act. ..... association of engineering workers (for short, 'the union') filed the writ petition before this court praying therein that direction be issued to the assistant commissioner of labour (conciliation officer) to initiate conciliation proceedings with regard to the demand raised by the union for lifting the illegal lock-out and for payment during the period of lock-out and in case of failure, direction to the state government to refer the industrial dispute for adjudication. ..... on june 19, 1996 the union filed a reference before the labour court, mumbai in terms of section 25(2) of the maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971 (for short, 'mrtu & pulp act'). ..... this is apparent from the fact that prayer made in the writ petition is that direction be issued to the assistant commissioner of labour (conciliation officer) to initiate conciliation proceedings with regard to the demand raised by the union for lifting of illegal lock-out (emphasis supplied). .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(3)ALLMR416; 2006(3)BomCR246; [2006(110)FLR27]; 2006(4)MhLj578
..... 9 of the petition that their services are governed by the standing orders certified under the bombay industrial relations act, 1946 (hereinafter referred to as the bir act) and agreements/settlements entered into by the respondent company with the representative union. ..... section (2) of section 21 which inter alia provides that notwithstanding anything contained in the bombay act, no employee in any industry to which the provisions of the bombay act, for the time being apply, shall be allowed to appear or act or allowed to be represented in any proceeding relating to unfair labour practices specified in items 2 and 6 of schedule iv of this act except through the representative of employees entitled to appear under section 30 of the bombay act ..... in the present petition has contended that they have admittedly completed 240 days of continuous work in the mill establishment and they were allowed to work in the mill premises right upto 31.7.1996 when for the first time the respondent company stopped the petitioners from work and employed contract workers in place of badli workers. ..... in my opinion, the trial court was right and justified by virtue of the provisions contained under section 21 of the mrtu & pulp act, that it is only the recognised union which is entitled to take up the said ..... unrecognised union in the industrial court under the provisions of the maharashtra recognition of trade unions and prevention of unfair labour practices act (hereinafter referred to as the mrtu & pulp act). .....
Tag this Judgment!Court : Mumbai
Reported in : (1996)ILLJ55Bom
..... it is now well-nigh settled that for being covered under the umbrella of the act, one must be an employee within the definition of section 3(5) of the act and, in that, he should be a workman under the industrial disputes act, 1947 or the bombay industrial relations act, 1946, as the case may be. ..... this is a petition challenging the order passed by the industrial court which has rejected the complaint in limine, by holding that the same is filed by a person who is a class-ii gazetted officer and a sectional engineer and cannot be termed as 'workman' and cannot excite the jurisdiction of the industrial court under the provisions of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the act').2a. ..... apart from that, i cannot persuade myself to accept the principle of law laid down in this judgment that the primary purpose of the respondents in employing the assistant medical officer, class ii is to treat the patients who are employees of the railways and their families and, therefore, his duties are technical. ..... in fact, the petition is liable to be dismissed only for the reason that nothing was stated before the industrial court regarding the duties of the petitioner and, secondly, it was also not made out before this court in the petition. ..... apart from this, the supreme court has gone into the question right from burmah shell oil storage and distributing company of india ltd. v. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR3117; 2009(6)MhLj463
..... submitted that one dhargave was recruited by the respondent on 9-10-1991 without offering to him an opportunity of re-employment, thus breaching the provisions of section 25-h of the industrial disputes act as also the model standing orders framed under the bombay industrial relations act. ..... the learned counsel for the petitioner submitted that if the petitioner was retrenched, in terms of section 25-h of the industrial disputes act as also clauses 4d and 4e of the model standing orders applicable to the respondent, it was necessary for the respondent to give preference to the petitioner in employment if the work ..... petition by the workman takes exception to the dismissal of his complaint recording unfair labour practice under items 9 and 10 of schedule iv of the maharashtra recognition of trade unions and unfair labour practices act by the learned member, industrial court, nagpur, by his impugned order dated 25-11-1998.2. ..... therefore, he submitted that in terms of the standing orders, even if it is presumed that the petitioner was rightly discharged for want of work, the moment the work was available, the petitioner was entitled to be given a ..... court has held that if at the time of employment of such persons the model standing orders govern such employment, subsequent framing of recruitment rules would be unhelpful unless such rules are notified under the industrial employment (standing orders) act, 1946. ..... relied on a judgment of this court in divisional forest officer, gadchiroli v. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(1)BomCR395; [2006(111)FLR944]; 2006(5)MhLj655
..... he was working in a supervisory capacity and therefore he was not an employee under section 3(13) of bombay industrial relations act, not a workman under the mrtu & pulp act and consequently the complaint was not maintainable and the labour court had no jurisdiction to entertain and try the ..... the order of the labour court the petitioner filed a revision under section 44 of the mrtu & pulp act before the industrial court. ..... challenged the termination of his service as an unfair labour practice falling under item 1 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (for short 'mrtu & pulp act'). ..... petition the petitioner-company challenges the judgment and order dated 12th december, 2000 passed by the industrial court, mumbai, dismissing its revision application against the order of the labour court.2. ..... in these peculiar facts and circumstances the industrial court came to the conclusion that no prejudice has been caused to the petitioner by denial of the opportunity of further cross-examining ..... was then promoted as an input output officer on 1st july, 1986. ..... of the evidence which was already adduced before it, the labour court came to the conclusion that the petitioner had indulged in an unfair labour practice, falling under item 1 of schedule iv of the mrtu & pulp act, by terminating the services of the respondent without enquiry and in colourable exercise of the petitioner's alleged contractual rights as an employer. .....
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