Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 25 right of officers of approved unions Page 1 of about 713 results (0.313 seconds)

Maharashtra Electrosmelt Kamgar Union Vs. Deputy Director (IR), Minist ...

Court : Mumbai Nagpur

..... he points out that though central government is appropriate government for respondent no.6, as deduction under bombay labour welfare act still continues, bombay industrial relations act, 1946 continues to apply and hence, to that extent, there is statute, which regulates grant of status as representative union in state of maharashtra. ..... he further submits that the bombay industrial relations act, 1946 and the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 are such statutes in state of maharashtra. ..... merely because a welfare measure of deduction towards welfare fund being carried under bombay welfare labour act is continuing, that would not mean that provisions of bombay industrial relations act, 1946 apply to respondent no.6. 12. ..... as provisions of section 2(a) of industrial disputes act, 1947 are very clear, central government being appropriate government, provisions of bombay industrial relations act, 1946 do not apply to respondent no.6. ..... a procedure for verification of membership of unions, to determine their representative character, has also been approved by the standing labour committee. ..... for the convenience of unions, managements and verification officers all the decisions so far taken on the subject have been brought together in this brochure in a classified form. ..... such a course would be derogatory of rights of other unions. 11. .....

Chhotobhai Jethabhai Patel and Co. Vs. the Industrial Court, Maharasht ...

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 .....

Vaidyakiya Karmachari Sanghatana and Others Vs. Pravara Medical Trust

Court : Mumbai Aurangabad

..... is no industrial dispute under the central act (id act) or the bombay industrial relations act, 1946, pending before the industrial tribunal, which concerns all the members of the said union. 18 ..... not correct to say that even though where the order of discharge or dismissal is inoperative for contravention of the mandatory conditions contained in the proviso or where the approval is refused, a workman should still make a complaint under section 33a and that the order of dismissal or discharge becomes invalid or void only when it is set aside under section 33aand that till such time he should suffer misery of unemployment in spite of statutory protection given to him by the proviso ..... - 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 ..... only coincidental that the union is taking the lead along with the 43 workers in espousing their individual cause as is provided for under section 21 and 22 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 ("the act of 1971 ?). 19. .....

Labour Law Practitioner's Association and Anr. Vs. State of Maharashtr ...

Court : Mumbai

Reported in : [1979(39)FLR89]

..... it is undoubtedly true that the application of article 234 of the constitution of india was deleted from the provisions of section 9 of the bombay industrial relations act by an amendment but it cannot be lost sight of that the legislature retained the application of article 234 of the constitution to the appointment of labour courts which are constituted under the maharashtra recognition of trade unions and prevention of unfair labour practices act. mr. ..... 1 in the industrial disputes act, 1947 and in the bombay industrial relations act, 1946, the state government felt that it was open for the government to appoint assistant commissioner of labour working under the state government for a period in excess of five years and holding a law degree to this office of the labour courts. ..... main criteria should be satisfied; firstly, the tribunal or an authority would be a court if it is given power to give a definitive judgment or decision which has finality and authoritativeness that would bind the parties appearing before it so far as the rights litigated before it are concerned and; secondly, the appointment of the tribunal or authority as well as the source of its power must be the judicial power of the state coming to it by the statute itself. mr. ..... justice mahajan approved the decision in the case of cooper v. .....

Central India Agencies, Calcutta Vs. Laxminath Brijkishore and anr.

Court : Mumbai

Reported in : AIR1968Bom222; (1968)ILLJ616Bom; 1967MhLJ937

..... section 123a, which was added to the bombay industrial relations act, 1946, by the maharashtra act 22 of 1965, is in the following words : '123a ..... as soon as, by the maharashtra act 22 of 1965 the bombay industrial relations act, 1946, was made applicable to this area, the matter would be governed only by that act and, therefore, the application of the respondent under the old central provinces act could not be entertained. 5 ..... 123a as added to the bombay industrial relations act, 1946, by the maharashtra act 22 of 1965, and, therefore, the application was liable to be dismissed ..... it was then being submitted that the maharashtra act 22 of 1985, which had made the bombay industrial relations act, 1946 applicable to this area, should be deemed to be retrospective in operation, so as to require the respondent to file his application for reinstatement and back-wages under the new act. ..... 16 of the central provinces and berar industrial disputes settlement act, 1947, are in irreconcilable conflict with the body of the bombay industrial relations act, 1946, particularly with s. ..... of the bombay industrial relations act, 1946. 8. ..... 123a of the bombay industrial relations act, 1946. 6. ..... 123a of the bombay industrial relations act, 1946, to show that some further activity must be resorted to by the claimant before a right can be said to be accrued, sri mor was relying on a decision in gayaprasad munnalal v ..... the petitioner is a partnership firm, with its head office at calcutta and a branch at nagpur. .....

Pune District Central Co-operative Bank Ltd. Vs. Bank Karmachari Sangh ...

Court : Mumbai

Reported in : 2000(4)BomCR811

..... it is needless to mention that the petitioner bank is governed by the provisions of the bombay industrial relations act, 1946 and is also governed by the provisions of the maharashtra co-operative societies act, 1960.1 need not dwell on the point that both the statutes operate in separate fields and both have different object to be ..... crucial and interesting issue to be decided by me is whether by framing separate and independent service rules de hors the certified standing orders or in addition to the certified standing orders without following the mandatory provisions under section 42(1) of the bombay industrial relations act, 1946 amounts to unfair labour practice as contemplated under item 9 of the act.2. ..... respondent union is a representative and approved union for the banking industry in the local areas of pune cantonment and various talukas of pune district under the bir act, 1946. ..... shall send 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. ..... any employee desiring a change in respect of an industrial matter not specified in schedule i or iii give a notice in the prescribed form to the employer through the representative of employees, who shall, forward a copy of the 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 Maharashtra State Co-operative Agricultural and Rural Development ...

Court : Mumbai Aurangabad

..... secondly, this court has held in various judgments that the dispute with regard to the service conditions of employees falling within the definition of section 3(13) of the bombay industrial relations act, 1946 or section 2(s) of the industrial disputes act, 1947 will have to be referred to the labour court or industrial court as the case may be and therefore their disputes would not fall within the ambit of section 91 of the maharashtra cooperative societies act, 1968. 34. ..... by the notification dated 02.11.1973, the government of maharashtra exercised its powers under section 2(4) of the bombay industrial relations act, 1946 and made the said act applicable to the nanded district from 15.11.1973 thereby covering the business of banking companies and cooperative banks. ..... (n) the bombay industrial relations act, 1946 (presently known as 'the maharashtra industrial relations act') was made applicable to the petitioner-bank with effect from 15.11.1973 vide notification dated 02.11.1973. ..... (l) on 05.05.1983, the head office at bombay finally approved and published the seniority list of the nanded branch. ..... he contends that since a circular was issued by which the service conditions of the employees were revised, the dispute raised by the respondents before the cooperative court, has rightly been raised and the same is maintainable. 13. ..... morinda cooperative sugar mills workers union, 2006 air scw 3849. .....

Navnath Siddhappa Koli Vs. Siddheshwar Sahakari Sakhar Karkhana Limite ...

Court : Mumbai

Reported in : (1981)83BOMLR470; 1981MhLJ888

..... 1354, the extent of the jurisdiction of the industrial court under section 85 of the bombay industrial relations act has been described. ..... the revisional jurisdiction of the industrial court under section 44 of the pulp act, which is analogous to its jurisdiction under section 85 of the industrial relations act, does invest the industrial court with the power to examine the legality of the order passed by an authority below it whenever the record of the case is before it. ..... kulkarni relating to the jurisdiction of the industrial court under section 44 of the pulp act, it would be better to dispose of another point which he has with some perseverance urged. dr. ..... 33 of 1980, under section 44 of the pulp act before the industrial court at bombay. ..... 22 of 1977, before the labour court at solapur under section 28 of the maharashtra recognition of trade unions and prevention of unfair labour practices act, hereinafter referred to for brevity's sake as the 'pulp act' . ..... where two views are possible if the domestic enquiry officer takes one view, the order passed pursuant to that view cannot be said to be ' for patently false reasons'. ..... in the instant case the industrial court has found, and in my opinion rightly, that the order of the labour court was wholly unsustainable in the absence of the finding that the order passed by the respondent was 'for patently false reasons. .....

Arvind Ramdas Valke Vs. Ispat Industries Ltd. and ors.

Court : Mumbai

Reported in : (2009)IILLJ586Bom

..... section 3(5) covers status of complainant under the industrial disputes act, 1947 as also under bombay industrial relations act, 1946 ..... that this was the only objection taken in the written statement and there was no ground that he does not satisfy the requirements of section 3(13) of the bombay industrial relations act, 1946. ..... has pleaded that the provisions of the bombay industrial relations act, 1946 as also provisions of industrial disputes act, 1947 are applicable to the industry. ..... act, 1971 covers status of complainant under the industrial disputes act, 1947 as also under bombay industrial relations act, 1946 ..... of shri valke that, he was supervising the working of machines and not of men, is without any pleading and by placing reliance upon the bombay industrial relations act, 1946 and shankar chakravarti v. ..... advocate for employer, contended that the contention of the employer before the industrial court was that the employee was not a workman under section 2(s) of the industrial disputes act as also under section 3(5) of the maharashtra recognition of trade union and prevention of unfair labour practices act, 1971 i.e. m.r.t.u. & p.u.l.p. ..... the employer is a company and while joining the employer as party-respondent before the industrial court, the employee shri valke has joined some of its officers like vice president, deputy general manager, assistant general manager by mentioning their names i.e. ..... such, the learned member, industrial court has rightly held that his complaint to .....

Sahakari Bank Karmachari Sangh Vs. the District Deputy Registrar, Co ...

Court : Mumbai

Reported in : 2008(4)BomCR569; (2008)110BOMLR1913; 2008(6)MhLj118

..... the seats so reserved shall be filled by selection made by the union or unions recognized under the bombay industrial relations act, 1946 (bom.xi of 1947) or the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (mah. ..... section 3(1) thereof states that the bombay act means the bombay industrial relations act, 1946. ..... section (7) states that industry in relation to an industry to which the bombay act applied means an industry as defined in clause 19 of section 3 of the bombay act. ..... that order dated 12/7/1997 passed by the assistant registrar under the bombay act registering the petitionerunion as a representative union under the bombay act and another order of registration of the petitionerunion as approved union are challenged by the said bank by filing appeal in the industrial court at solapur and, hence, the status of the petitionerunion as the representative union is in dispute and consequently the petitionerunion is not entitled to claim the exclusive right to nominate any two employees of its choice as members of the managing committee ..... the petitionerunion has, therefore, inter alia, prayed for cancellation of the impugned notification dated 26/6/2007 issued by the election officer and for a direction to issue a fresh notification or an additional notification declaring the reserved posts for workers representatives under section 73bb of the mcs act. .....