Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 25 right of officers of approved unions Page 7 of about 713 results (0.110 seconds)

Sangali Dist. Central Co-operative Bank Ltd. Vs. Tukaram Atmaram Jadha ...

Court : Mumbai

Reported in : (1997)IIILLJ1247Bom

..... of 1988 under section 84 of the bombay industrial relations act, 1946 (hereinafter referred to as act'). 3. ..... the first respondent had the right to be represented by general workers union by virtue of section 22(ii) of the mrtu & pulp act and the enquiry officer and the petitioner acted contrary to the terms of the said statute in declining permission to be represented by an office-bearer of the first respondent ..... judgment in terms lays down that the right conferred by section 22(ii) of mrtu & pulp act, 1971 on unrecognised unions is not expressly limited to the industries to which the b.i.r. ..... that the order of the labour court was not vitiated for not framing the preliminary issue as to the validity of the domestic enquiry, the industrial court was of the view that the refusal of the petitioner-employer to permit the first respondent to be represented in the domestic enquiry by an authorised office-bearer of the general workers union was a contravention of the right under section 22(ii) of the mrtu & pulp act, 1971 and, therefore, the enquiry was bad in law. ..... view, the judgment of the division bench clearly supports the proposition relied upon by the industrial court and, therefore, the industrial court was right in holding that the domestic enquiry held against the first respondent was contrary to the express provisions of the mrtu & pulp act, particularly section 22(ii) of the act. ..... is a co-operative society registered under the maharashtra co-operative societies act, 1960. .....

The Ichalkaranji Urban Co-operative Bank Ltd. Vs. Shri Vilas Hanmant A ...

Court : Mumbai

Reported in : 1998(1)BomCR704

..... a perusal of the standing order which have been attached with the writ petition shows that the standing order have been settled by the commissioner of labour under section 35(2) of the bombay industrial relations act, 1946 for employees in the co-operative banks mentioned in the schedule appended thereto. ..... the bank has adopted standing order applicable to its employee, which have been duly certified by the commissioner of labour, bombay under section 35-c of the bombay industrial relations act, 1946. ..... the said argument was rejected by holding that the dispute in the case fell within the powers of the labour court under section 33-c(2) of the industrial disputes act and the labour court was right in holding that the workman was entitled to the special allowance. 8. ..... in a suit, a claim for relief made by the plaintiff against the defendant involves an investigation directed to the determination of (i) the plaintiff's right to relief; (ii) the corresponding liability of the defendant, including, whether the defendant is, at all, liable or not; and (iii) the extent of the defendant's liability, if any. ..... the petitioner is a co-operative bank registered under the maharashtra cooperative societies act, 1960. ..... under article 226/227 of the constitution of india for issuance of a writ of mandamus or any other appropriate writ, order or direction quashing and setting aside the order dated 19th august, 1987 passed by the presiding officer, labour court, kolhapur in i.d.a. .....

Chhotabhai Jethabhai Patel Vs. Industrial Court, Nagpur

Court : Mumbai

Reported in : 1967MhLJ40

..... we have already pointed out that the amendments effected in the bombay industrial relations act, 1946, by maharashtra act 22 of 1965 were largely made to bring out a uniform piece of legislation for adjudication and settlement of industrial disputes in the whole of the state of maharashtra. ..... (4) any employee or a representative union desiring a change in respect of (i) any order passed by the employer under standing orders, or (ii) any industrial matter arising out of the application or interpretation of standing orders, or (iii) an industrial matter specified in sch. ..... the labour court after a thorough enquiry held that the findings of the enquiry officer were perverse, that the order of dismissal was passed by a person not authorized to exercise the power, that the dismissal was illegal and therefore the labour court directed that respondent 3 should be reinstated and ..... 78(1), it must be by an application, and if application is required to be made by invoking the jurisdiction of the labour court at the instance of an employee, then, according to the petitioner, such an application is not tenable unless the employee or the representative union on his behalf has approached the employer with a request for a change. ..... 78(1)a(a)(i), and therefore must attract the condition precedent for exercise of any right of seeking a change in that order as per proviso to sub-section (4) of s. .....

The Mumbai Taximen's Union and Another Vs. State of Maharashtra Throug ...

Court : Mumbai

..... is an office bearer or member of a registered trade union including any dispute relating to wrongful expulsion of any such officer-bearer or member, or where there is any dispute relating to the property including the account books of any registered trade union, any member or such registered trade union for a period of not less than six months, may, with the consent of registrar and in such manner as may be prescribed, refer the dispute to the industrial court constituted under the bombay industrial relation act, 1946 (bom ..... in the said case, the question which fell for consideration before the division bench was whether section 23 of the maharashtra private security guards (regulation of employment and welfare) scheme, 2002 which provides for exemption is ..... dispute, as in the present case, and the disputants wanted that the persons wrongfully elected to certain office, should not function, they have a right to apply to the industrial court for interim relief. ..... disputants wanted that the persons wrongfully elected to certain office should not be permitted to function, they have a right to apply to industrial court for interim order and under sub-section (2) of section 28(1a), industrial court is empowered to make interim order specifying or appointing any person or appointing a committee of administration for any purpose under the act including the purpose of taking possession or control of the property in dispute and managing it for the purposes of the union, pending the decision. .....

Balmer Lawrie Workers' Union, Bombay and Anr. Vs. Balmer Lawrie and Co ...

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 .....

Reliance Energy Limited Vs. Rashtrawadi Kamgar Sangh and ors.

Court : Mumbai

Reported in : (2009)IILLJ708Bom

..... the appellant company is covered by the provisions of the bombay industrial relations act, 1946 (for short, 'the bir act'). ..... . whether a complaint filed under the mrtu & pulp act by an employee as defined under section 3(13) of the bombay industrial relations act is maintainable although no direct relationship of employer-employee exists between him and the principal employer?3 ..... . maharashtra sugar mills limited, (supra), the industrial dispute between the maharashtra sugar mills and its employees including the seasonal and contract labour was referred under section 13 of the bir act to the industrial tribunal ..... llj (suppl) 1380 (bom-noc) where learned single judge has held that whenever employer offers to reinstate workman at any stage of the dispute and the same is not accepted by the workman without prejudice to his rights, the workman will not be entitled to continue his claim for reinstatement or for his claim for back-wages from the date of such offer. mr ..... aggrieved by the unfair labour practices of the appellant company and apprehending termination of the services of the said employees, the complainant union filed the instant complaint praying inter alia for a declaration that the appellant company has engaged in unfair labour practices, for a direction restraining it from engaging in unfair labour practices and for a direction to the ..... . we would, therefore, never approve of such orders unless exceptional case is made out and compelling reasons are present .....

Mumbai District Co-operative Bank Ltd. Vs. Co-operative Bank Employees ...

Court : Mumbai

..... the impugned order of the labour court was passed on an interim application under section 119 (d) of bombay industrial relations act, 1946 (hereinafter referred to as "bir act") filed by the respondent-union seeking an order to restrain respondent-bank from hiring the services of one m/s synergy safe climber and ..... a copy 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. ..... co-operation dept of the state of maharashtra, have approved the outsourcing. ..... the alternative submission appears to be that even assuming that the same could be termed as recruitment the bank was within their rights to fill in the vacancies so long as the sanctioned strength of employees was not exceeded and therefore there is no question of any increase in posts which is contemplated ..... typing is provided by the service provider on account of the increase in typing work because three divisional offices which were started in may 2011 which look after the work of around 15 branches. ..... such other services as may be mutually decided by and between the parties) (hereinafter referred to as "the said services") as and when called upon to do so by the bank at its head officer and all 47 branches and 3 divisional officers (hereinafter referred to as "the said premises"). ..... of manpower, the branch managers from time to time requested the head office to provide additional hands to do effective work. .....

Maharashtra State Road Transport Corporation Through Divisional Traffi ...

Court : Mumbai

Reported in : 2006(2)BomCR340; (2005)107BOMLR251; (2006)IILLJ283Bom; 2005(4)MhLj798

..... was :'does a representative union under the bombay industrial relations act, 1946 (bir act) have the exclusive right to represent the employees of the concerned industry in complaints relating to unfair labour practices under the mrtu & pulp act, 1971 other than ..... act', in a complaint relating to unfair labour practices other than those specified by items 2 & 6 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, hereinafter referred to as the 'mrtu & pulp act'.the division bench in paragraph 33 has observed that:'having given our fullest consideration to this submission, we are of view that sections 20 & 22 which confer rights on recognised and unrecognised union, respectively, are not determinative of the rights of unions to appear in complaints relating ..... provided further -provided further that, in the case of immediate necessity, when no person from the approved list is available, a purely temporary appointment may be made by the competent appointing authority pending consultation with the selection authority concerned. ..... where there is no recognised union in an industry, namely, the corporation, at the relevant time when the complaints were filed by the union.for this purpose, we may make a reference to section 28 which reads as follows:'(1) 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 .....

Best Workers' Union Vs. Brihan Mumbai Electric Supply and Transport (B ...

Court : Mumbai

Reported in : 2004(3)ARBLR192(Bom); 2004(5)BomCR311; [2004(101)FLR926]; 2004(3)MhLj199

..... association's case (supra) has held that '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 ..... section 73a of the bombay industrial relations act, 1946, hereinafter called as 'the said act ..... -- notwithstanding anything contained in this act an employer or a registered union which is a representative of employees and which is also an approved union may refer any industrial dispute for arbitration to the industrial court:provided that no such dispute shall be referred to the industrial court,(i) after two months from the date of the completion of the proceedings before the conciliator;(ii) where the registered union or the employer, as the case ..... in the case while dealing with the question as to whether a court and a presiding officer of the labour court or the industrial court can be said to hold a post in the judicial service of the state ..... said provision neither impinge upon either the rights of an employer to initiate disciplinary action or the rights of an employee to have a proper and fair enquiry conducted against him and if the employer is able to satisfy the tribunal about the reasons for the delay, certainly the tribunal would not act mechanically in setting aside such order merely .....

Kolhapur Zilla Shetkari Vinkari Sahakari Soot Girani Ltd. and Others V ...

Court : Mumbai

Reported in : (1997)IIILLJ592Bom

..... of the bombay industrial relations act, 1946 (hereinafter referred to as 'the act'). 2. ..... section 119a of the bombay industrial relations act does not really deal with 'civil contempt' as understood under the contempt of courts act ..... no provision in the entire scheme of the bombay industrial relations act which empowers the labour court to punish for ..... the scheme of the bombay industrial relations act suggests that disobedience, however flagrant, of an order passed by the labour court does not constitute a contempt of court, though other remedies are available ..... of directors, including the present petitioners, had disobeyed the operative order of injunction and had thereby committed contempt of the labour court and/or committed offences punishable under the bombay industrial relations act, 1946, and prayed that they be dealt with suitably and punished for the same. ..... though the section is marginally headed 'contempt's of industrial or labour courts', the contents of section 48 are not restricted merely to matters relating to contempt and that so far 'contempt' is concerned, the provisions were to be found only in the latter part of sub-sections (5) to (8) of section 48 of the maharashtra recognition of trade unions and prevention of unfair labour practices act. ..... the labour court directed the investigating officer (presumably, the one appointed under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971) to submit a report about the alleged .....