Court : Mumbai
Reported in : 1986(1)BomCR440; [1986(52)FLR39]
..... sub-section (1) of section 3, being the definition section, provides that unless the context require otherwise under the said act, 'bombay act' means the bombay industrial relations act, 1946. ..... desai, learned counsel who appeared for the petitioners, and who appears for the respondents before us, contended that under sub-section (2) of section 22 of maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 being maharashtra act 1 of 1872 (hereinafter referred to us 'the said act of 1972'), a right was conferred on respondent no. ..... act on representative unions, qualified unions and primary unions, as well as on unions which are treated as approved unions under the provisions of chapter iv. ..... section 22 runs as follows :'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 its ..... that request was turned down by the enquiry officer under standing order no. ..... the enquiry officer found that the representatives of respondent no. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(3)BomCR691; [2004(102)FLR188]; (2004)IIILLJ717Bom; 2004(3)MhLj22
..... the contention was that the petitioner had no right to continue upto the age of 63 years as the retail cloth shop was not covered by the standing orders framed under the bombay industrial relations act.3. ..... and the retail cloth shop are registered under the two different acts, namely, the bombay industrial relations act and the bombay shops and establishments act respectively, same benefits would be available to the retail cloth shop workers as are available to those working in the mill ..... according to the learned advocate for the sake of receiving benefits, the coverage by the bombay industrial relations act is not necessary as the employer cannot have two sets of service conditions for workmen in the establishment ..... the learned advocate for the petitioner submits that after coming into force of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 the employer cannot show favouritism to one set of workmen and give them better benefits than the workman ..... had there been more than 50 workmen in the retail cloth shop, the provisions of the industrial employment (standing orders) act would have been applicable in view of the provisions of section 38(b) of the bombay shops and establishments act. ..... in the retail cloth shop, with which we are concerned, less than 50 workmen were employed and therefore, the model standing orders would not apply mutatis and mutandis to the retail cloth shop employees as section 38(b) would not then come into operation. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1986Guj209; (1986)1GLR1
..... labour courts under the bombay industrial relations act, 1946 and industrial disputes act, 1947 and the industrial courts under the bombay industrial relations act, 1946 and industrial disputes act, 1947 are courts and courts subordinate to the high court in terms of section 3 of the contempt of courts act, 1971 or rather section 10 thereof and equally nominee of the registrar acting under section 96 of the gujarat co-operative societies act, 1961 and deciding disputes under section 101 and the co-operative tribunal under that act are courts and ..... held -'the officers on special duty appointed by the state government in exercise of the powers under section 3 of the maharashtra co-operative societies act 1960 under the maharashtra government notification dated 11-3-1969 are courts within the meaning of the contempt of courts act while discharging their duties under the state act'.the following pertinent observations having been made in the report 'mainly two criteria have been laid down by the decided cases in order to ..... there are authorities which are courts established for the purpose of administration of justice throughout the union, they can very well remain subordinate to the high court via superintending jurisdiction of the high ..... merely because an independent right has been reserved by the legislature unto itself to approve modification or rejection of the award as suggested by the appropriate government, it does not mean that the modified award in any manner ceases to be .....
Tag this Judgment!Court : Mumbai
Reported in : (1951)53BOMLR1003
..... appellants filed a petition in the high court of bombay, urging that contract labour were not in fact employed by them nor were they their employees within the definition contained in section 3(3)(a) of the bombay industrial relations act, 1946, and that being so, there was no industrial dispute between the appellants and the contract labour and the reference to the industrial court was without jurisdiction. ..... an industrial dispute has arisen between the maharashtra sugar mills limited, belapur road district ahmednagar, and its employees (hereinafter referred to as 'the said industrial dispute') in respect of payment of six months' wages as bonus for the year 1947-48 to all employees including the seasonal and contract labour;and whereas the provincial government is satisfied that the said industrial dispute is not likely to be settled by other meansnow, therefore, in exercise of the powers conferred by section 73 of the bombay industria relations act, 1946 (bombay act ..... permission from you in writing will be entitled to the proportionate refund of their deposit.it cannot be seriously disputed that the contractors engaged by the company were under the responsibility of employing responsible servants (as the company may approve of) for carrying on the operation entrusted to them and that these servants or coolies were to be paid wages by the contractor, and if thought necessary by the company directly. ..... (13) if your officers distribute wages to the coolies engaged by me, i have no .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)ALLMR772; 2002(5)BomCR772; [2002(94)FLR367]
..... ), held that the employee cannot take any grounds to challenge the order of dismissal other than the grounds mentioned in the letter of approach under section 42(4) of the bombay industrial relations act, 1946. ..... the petitioner is aggrieved by the judgment and order of the industrial court, maharashtra in appeal filed by the respondent company against the order of the labour court at thane directing the respondent company to reinstate the petitioner with full backwages and continuity of service.2. ..... the enquiry officer adjourned the enquiry three times as the petitioner and the union representative both were absent and, therefore, the defence of the petitioner was not recorded. ..... an employee is given right to challenge the order of dismissal or discharge passed by the employer by way of punishment under section 79 read with 78 of the act. ..... in my humble opinion, the view expressed by the learned members of the labour appellate tribunal is not legal, right and proper besides being a pedantic and hypertechnical approach totally unknown to the industrial jurisprudence. ..... if the employer passes an order acting or purporting to act under the standing order, such as order of dismissal or discharge, the employee is given a right to challenge the legality and the propriety of the said order before the labour court and the labour court is empowered to decide the disputes regarding the propriety or legality of such an order passed by the employer. .....
Tag this Judgment!Court : Mumbai
Reported in : [1994(68)FLR1143]; 1993(2)MhLj1660
..... 2, thereafter, through his union made an application under section 78 and 79 of the bombay industrial relations act, 1946 (the act) before the labour court challenging the order of ..... to mention that the appeal lies under section 84 of the bombay industrial relations act, 1946 to the industrial court against an order of the labour court ..... facts and circumstances of this case, the undisputed findings of the labour court and the industrial court regarding the graveness of the misconduct of the employee and the decision of this court referred to above, i am of the clear opinion that the industrial court acted beyond its jurisdiction in reversing the order of dismissal and substituting it with its own order ..... from a reading of the order of the industrial court, it appears that it was under the impression that while disposing of an appeal under section 84 read with section 85 of the act, it had all the powers of the domestic tribunal and hence, it was free to take a different view in any matter and substitute the opinion of the employer or the authorities below ..... the labour court, an appeal was filed before the industrial court, maharashtra under section 84 read with section 85 of the act which was numbered as no. ..... there was no material on record to show that the trying officer was biased. ..... the enquiry officer also observed that in the past also he was found guilty of rude behaviour for which ..... the inquiry officer came to the conclusion that the misconduct was conclusively proved against .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1983Bom317; (1983)85BOMLR134
..... the bombay industrial relations act, 1946, provides for registration of unions in different categories such as representative union for an industry in a local area, qualified union and primary union and also for recognition of certain union as approved unions. ..... it was next argued that under the bye-laws of every co-operative society there is a limit to the term of office of the members of the managing committee and a provision for re-election and that there are provisions in the maharashtra co-operative societies rules, 1961, providing for disqualifications for membership of the committee; while under section 73bb no term of office is provided in respect of an employee-member of the committee nor are any disqualifications prescribed with respect to an employee being selected ..... it was argued on behalf of the petitioners that compulsory appointment of employees on the managing committees of co-operatives societies was a restriction on the right of the members of the managing committees to manage the affairs of such societies as also a restriction on the right of the members of a co-operative society to have the affairs of the society managed by the representatives of their own choice. ..... the argument on behalf of the petitioner's was that the restrictions imposed by section 73bb were unreasonable and, therefore, their fundamental rights guaranteed by sub-clauses (f) and (g) of article 19(1) were violated. .....
Tag this Judgment!Court : Mumbai
Reported in : (1967)69BOMLR140; 1966MhLJ1149
..... continues to be a relief undertaking; and any right, privilege, obligation or liability arising from non-payment of dearness allowance as stipulated under the said award and the agreement shall not be enforceable in respect of such periods;now, therefore, in exercise of the powers conferred by section 4 of the said act, the government of maharashtra hereby directs(i) that the provisions of sub-section (i) of section 42, clauses (ai), (i), (ii), and (iii) of sub-section (2), sub-sections (3), (4) and (5) of section45 of the bombay industrial relations act, 1946 (so far as they relate to change in the terms of the award or as the ..... the bombay industrial relations act, 1946, has now been made applicable to this region from may 1, 1965 and petitioner no, 1 claims that it is a representative of the employees and a representative union also within the meaning of the bombay industrial relations act, 1946. ..... (ii) all or any of the agreements, settlements, awards or standing orders made under any of the laws in the schedule to this act, which may be applicable to the undertaking immediately before it was acquired or taken over by the state government, or before any loan, guarantee or other financial assistance was provided to it by, or with the approval of, the state government, for being run as a relief undertaking, shall be suspended in oporation, or shall, if so directed by the state government, be applied with such modifications .....
Tag this Judgment!Court : Mumbai
Reported in : (1970)72BOMLR77
..... -section (i) of section 42, clauses (ai), (i), (ii) and (iii) of sub-section (2) of section 46 and section 98 of the bombay industrial relations act, 1946 (bom xi of 1947) and of chapter va of the industrial disputes act 1947 (xiv of 1947) shall not apply and the said relief undertaking shall be exempt from the aforesaid provisions of the bombay industrial relations act and from the provisions of chapter va of the industrial disputes act.by order and in the name of the governor of maharashtra.6 ..... other financial assistance was provided to it by, or with the approval of, the state government for being run as a relief undertaking, shall be suspended in operation, or shall, if so directed by the state government, be applied with such modifications as may be specified in the notification ;...amongst the acts mentioned in the schedule to the relief undertakings act are the industrial disputes act, 1947 and the bombay industrial relations act, 1946.5. ..... servant, an employer has no right to alter the terms of service though he may terminate the contract of employment and that such a right was for the first time conferred upon an employer by section 42(7) of the bombay industrial relations act and that since by the notifications issued from time to time by the respondent the provisions of section 42(7) were directed not to apply ..... section (3) of section 445 of the companies act, 1956, a winding up order is to be deemed to be notice of discharge to the officers ..... kamgar union which represents .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(4)BomCR339; [2002(92)FLR927]; 2002(2)MhLj448
..... union registered under the trade unions act, 1926 and also recognised as a representative union under the provisions of the bombay industrial relations act, 1946 ..... maharashtra under section 18fa(2) of the industries (development and regulation) act, 1951 and that the government of maharashtra exercised the powers conferred on it under the bombay relief undertakings (special provisions) act ..... corporation, with the same rights and privileges as to pension, gratuity and other matters as would have been admissible to him if the rights in relation to the undertaking had not ..... act comes into force; (b) 'company' or 'textile company' means messers vijay manufacturing company (private) limited, badnera, or as the case may be, messers western india spinning and manufacturing company limited, bombay, being companies as defined in the companies act, 1956 (1 of 1956), and having registered offices in the state of maharashtra; (c) 'corporation' or 'state textile corporation' means the maharashtra state textile corporation limited, bombay ..... section (2) of section 3 shall be managed on behalf of the corporation by such person or body of persons (including one or more government companies whether in existence at the commencement of this ordinance or incorporated thereafter) as may be nominated by the corporation in this behalf, and such person or body of persons shall carry on the management in accordance with such regulations as may be made by the corporation in this behalf with the previous approval .....
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