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. .....
Tag this Judgment!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. .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Supreme Court of India
..... letter dated 12.01.2009 addressed to the additional collector, head office jawar, misinformed that except for the writ petition pending before the high court of bombay, no other objection was civil appeals @ slp (c) no.29334-35 of 2016 page 48 of 58 received and thereby all requirements under section 208 of the revenue code had been fulfilled, despite ..... articles 226 and 227 to issue any order, writ or direction and the power of superintendence over all courts and tribunals throughout the territories in relation to which such high court is exercising jurisdiction, the procedure for exercising such power and jurisdiction have to be traced and found in articles 226 and 227 ..... supressing various critical facts from time to time from the additional collector who under the scheme of the act was to approve the process of any such auction and pursuant thereto to confirm any such sale under the auction. ..... contention canvassed on behalf of the appellant that the additional commissioner, konkan division, state of maharashtra had no jurisdiction to adjudicate the two appeals filed by the respondent no.1 and respondent no.6 ..... appellant put up a huge industrial unit for the purpose of ..... legal battle, more prolonged, starts in execution proceedings defeating the right of the party which has succeeded in establishing its claim in ..... the bombay high court by its order dated 31.12.2008 passed in wp (c) no.2998 of 2008 (renumbered as wp207of 2009) directed union of india, the respondent therein, to .....
Tag this Judgment!Court : Karnataka
..... , income tax officer, companies circle i (8), bombay, (1972) 1 scc438: air1972sc878 the supreme court, while considering the provisions of section 446 of the companies act, vis-a-vis, the provisions of section 147 of the income tax act pertaining to initiation of reassessment proceedings against a company under liquidation, held that, obtaining of leave from liquidating court under section 446 of the companies act is not a ..... the learned counsel for the respondent that if the proceeding was completed before the commencement of the proceedings under section 22(1) of the sick industrial companies (special provisions) act, 1985, it can continue, may not apply to the facts of this case since the proceedings before ..... in other words, if under the approved resolution plan, there is a change in the management and control of the corporate debtor, to a person, who is not a promoter, or in the management and control of the corporate debtor, or a related party of the corporate debtor, or the person who acquires control or management of the corporate debtor, has neither abetted nor conspired in the commission of the offence, then ..... another aspect as to whether the provisions of section 138 of the ni act can override the provisions of the companies act, as it is a very special provision incorporated in the negotiable instruments act, though the companies act contains certain special provisions in order to safeguard the rights of the company under liquidation?. *** 23 28 ..... maharashtra ..... union of india .....
Tag this Judgment!Court : Supreme Court of India
..... social background of the child, circumstances of apprehending the child and offence alleged to have been committed by the child as provided by the officers, individuals, agencies producing the child shall be reviewed by the board and the board may pass such orders in relation to the child as it deems fit, including orders under sections 17 and 18 of the act, namely: (i) disposing of the case, if on the consideration of the documents and record submitted at the time of his first appearance, his ..... with the chief justice of the high court, by notification in the official gazette, designate for each district, a court of session to be a special court to try the offences under the act: provided that if a court of session is notified as a children's court under the commissions for protection of child rights act, 2005 (4 of 2006) or a special court designated for similar purposes under any other law for the time being in force, then, such court shall be deemed to be a special ..... the aforesaid judgment has been followed by recent judgments of the high courts of bombay [maharashtra state road development corpn. ..... vii additional issues17 before parting with the judgment, we quote with approval para 25 of the impugned order passed by the high court. ..... workmen, air1968sc224, section 17 of the industrial page 51 of 77 disputes act, 1947 came up for consideration. ..... , and gauhati [union of india v. ..... union of india and another23 throws light thereon. .....
Tag this Judgment!Court : Supreme Court of India
..... industrial company, an inquiry under section 16 is pending or any scheme referred to under section 17 is under preparation or consideration or a sanctioned scheme is under implementation or where an appeal under section 25 relating to an industrial company is pending, then, notwithstanding anything contained in the companies act ..... use the forum prescribed by law for the purpose of securing attachment and sale of property of the defaulting industrial concern whereas in the case of a financial corporation that right is conferred on the creditor corporation itself which is permitted to take over the management and possession of the ..... means an ancillary industrial undertaking or a small scale industrial undertaking holding a permanent registration certificate issued by the directorate of industries of a state or union territory and includes, (i) the national small industries corporation, being a company, registered under the companies act, 1956 (1 of 1956); (ii) the small industries development corporation of a state or a union territory, by ..... and prescribes the term of office and conditions of service of ..... industrial company with the consent or approval ..... of the bombay high court quashing recovery proceedings towards property taxes and other amounts due under the provisions of the bombay village panchayat act, 1959 against the respondent company therein, which had been declared to be a sick company under the act, the ..... in gram panchayat (supra) and maharashtra tubes (supra) and held thus .....
Tag this Judgment!Court : Karnataka
..... with the words notwithstanding anything contained in any other law for the time being in force , 2 2019 scc online bom.340 14 and therefore, for disputes contemplated under section 18 of the msme act, if the jurisdiction of the facilitation council had been validly invoked, the facilitation council had exclusive jurisdiction to first enter upon conciliation and if conciliation fails, to refer the parties to ..... maharashtra state electricity distribution company limited (supra), delton electricals (supra) it was a matter where an award was challenged under section 34 of the arbitration act, 1996 and facilitation council had come to a conclusion that limitation act was not applicable to the provisions under the msme ..... concerns of the entire small and medium enterprises sector, the related bill was introduced in parliament providing for a single legal ..... partnership firm registered under the provisions of the indian partnership act, 1932 having its registered office at: unit201 landmark plaza no.299, langford road bengaluru 560 ..... 1st respondent is a small scale industry registered with the karnataka small scale industry and is engaged in the business ..... provision applying the provisions of the limitation act, 1963 to arbitrations as per section 43 of the arbitration and conciliation act, 1996, we are of the view that the high court has rightly relied on the judgment in a.p ..... in respectful agreement with the view taken by the bombay high court ..... high court of bombay holds as ..... court of bombay in shah .....
Tag this Judgment!Court : Karnataka
..... with the words notwithstanding anything contained in any other law for the time being in force , 2 2019 scc online bom.340 14 and therefore, for disputes contemplated under section 18 of the msme act, if the jurisdiction of the facilitation council had been validly invoked, the facilitation council had exclusive jurisdiction to first enter upon conciliation and if conciliation fails, to refer the parties to ..... maharashtra state electricity distribution company limited (supra), delton electricals (supra) it was a matter where an award was challenged under section 34 of the arbitration act, 1996 and facilitation council had come to a conclusion that limitation act was not applicable to the provisions under the msme ..... concerns of the entire small and medium enterprises sector, the related bill was introduced in parliament providing for a single legal ..... partnership firm registered under the provisions of the indian partnership act, 1932 having its registered office at: unit201 landmark plaza no.299, langford road bengaluru 560 ..... 1st respondent is a small scale industry registered with the karnataka small scale industry and is engaged in the business ..... provision applying the provisions of the limitation act, 1963 to arbitrations as per section 43 of the arbitration and conciliation act, 1996, we are of the view that the high court has rightly relied on the judgment in a.p ..... in respectful agreement with the view taken by the bombay high court ..... high court of bombay holds as ..... court of bombay in shah .....
Tag this Judgment!Court : Supreme Court of India
..... relation to any industrial disputes concerning any industry carried on by or under the authority of the central government or by a railway company or concerning any such controlled industry as may be specified in this behalf by the central government or in relation to an industrial dis- pute concerning a dock labour board established under section 5-a of the dock workers (reg- ulation of employment) act, 1948 (9 of 1948), or the industrial finance corporation of india limited formed and registered under the companies act ..... a contention, basically on the ground that the language employed by the respondent in his resignation letter is to the effect that he was submitting his resignation, which may be approved, keeping the interest of his family and career and also that with utmost feeling of humiliation and insult he was submitting such resignation. ..... v parithi ilamvazhuthi, (2011) 5 scc496 k d sharma v steel authority of india limited, (2008) 12 scc481 tularam manikrao hadge v sudarshan paper converting works, nagpur, 2020 scc online bom 965; bombay mothers and children s society v general labour union (red flag), 1991 scc online bom 88; deepali gundu surwase v kranti junior adhyapak mahavidyalaya (d.ed. ..... over 1 years raising an industrial dispute before the deputy labour commissioner and conciliation officer, ben- galuru, on the ground that his resignation was obtained under coercion and duress, was not tenable and was rightly rejected by the labour court ..... state of maharashtra [(2011) .....
Tag this Judgment!