Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 37 review Page 1 of about 6,443 results (0.503 seconds)

Municipal Corporation of Greater Mumbai and Another Vs. Municipal Mazd ...

Court : Mumbai

..... in reference to the declaration of strike as illegal dealing with the provisions of bombay industrial relation act 1946 and mrtu and pulp act. ..... to accept this submission for the simple reason that the petitioners corporation cannot extend their case for the first time in the court, even by leading the evidence and making related submissions to treat the strike being illegal strike and/or deemed illegal strike and thereby concluded that the employees who participated in the strike, are not entitled for any exgratia amount ..... the reference was also made to the provisions of the maharashtra essential services maintenance ordinance 1999 (now, it became act as maharashtra essential services maintenance act, 2011), after referring to the various provisions of law and the actual situation as the strike affects the people at large and referring to sections 61, 63 and 64 of the mmc act and various other provisions and ultimately thereby allowing the petition partly declared that the resolution authorizing a payment not ..... employees and that some of the amount has already beed paid to the employees because of interim orders made by the court, following order will serve the ends of justice: order 1 industrial court shall hear and dispose of the complaint as expeditiously as possible and as far as possible within a period of three months from the date on which writ of this order is served on the ..... of the aforesaid civil consequences, the judicial review is permissible, also on the foundation of .....

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

..... there 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. ..... section 20(2)(b) is more or less in pari materia with the provisions of the bombay industrial relations act, 1946. ..... (2) of section 114 of the bombay industrial relations act, 1946 provided that where die representative. ..... 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 area. ..... after an exhaustive review of the various provisions of the bombay industrial relations act, this court hold that bona fides or the mala fides of the representative union can have nothing to do with .the ban imposed upon appearance of any one other than a . ..... a brief review of the scheme of the 1971 act would be advantageous. ..... ' (see report of the labour laws review committee, govt. .....

Karbhari Bhimaji Rohamare Vs. Shanker Rao Genuji Kolhe and ors.

Court : Supreme Court of India

Reported in : AIR1975SC575; (1975)1SCC252; [1975]2SCR753

..... practices, the other that the election, was liable to be set aside because he was disqualified for election as he was holding an office of profit under the state government as a member of the wage board for the sugar industry constituted by the government of maharashtra under section 86b of the bombay industrial relations act, 1946. ..... be had to these figures then the aggregate of the honorarium and the daily allowance payable to the 1st respondent was hardly sufficient to meet the personal expenditure incurred for the purpose of attending the meeting in bombay, and simply because he was paid both honorarium and daily allowance it could not be said that he was making any pecuniary gain thereby. ..... under section 86c the state government may make reference to the wage boards for decision of any industrial matter of industrial dispute. ..... the learned judge of the high court has pointed out that for attending the meeting in bombay a member coming from outside was expected to come by the latest available train and to leave by the first available train and the charging of daily allowance depended upon the arrival and departure of the trains. ..... that comes within the definition of the words 'compensatory allowances' found in item 11, schedule i read with section 2 of the bombay legislature members (removal of disqualifications) act, 1956. ..... section 86i provides for review of the order or decision, by the wage board. .....

Kolhapur Sugar Mills, Ltd. Vs. Syed Taki Bilgrami and anr.

Court : Mumbai

Reported in : (1968)ILLJ800Bom

..... section 42(2) of the bombay industrial relations act, 1946, provides that an employee desiring a change in respect of an industrial matter must give a notice in the prescribed form to the employer who is to forward a copy of the same to the conciliator for the industry concerned ..... 2 union to the present petition, and they were : (1) that the present petition was not maintainable by reason of non-joinder of the maharashtra state farming corporation; (2) that the question of master and servant was a question of fact which could not be gone into on a writ petition; (3) that the award of the industrial court being based in this case on certain admissions made by the petitioner-company on affidavit before the ..... which make it clear that, at any rate, ever since the surplus lands of the petitioner-company were taken away under the maharashtra agricultural lands (ceiling on holdings) act, 1961, the petitioner-company had to procure its requirements of sugarcane, for keeping its mills going from private cultivators. ..... originally owned an agricultural estate of 1,135 acres of land on which sugarcane was cultivated by it, but after the maharashtra agricultural lands (ceiling on holdings) act, 1951, was passed, under the provisions of that act, a major part of the estate owned by the petitioner-company was taken over by the government and handed over to the maharashtra state farming corporation, leaving only 79 acres of agricultural land for the petitioner-company itself, as from 1 august .....

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

Court : Mumbai

Reported in : [1979(39)FLR89]

..... labour courts are constituted under the industrial disputes act, 1947 and the bombay industrial relations act, 1946 and that under the industrial disputes act, labour courts are constituted under section 7 for adjudication of industrial dispute relating to any matter specified in second schedule of the act and for performing such work as may be assigned to them under the act. ..... 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 claimed that the amendments were carried out in the bombay industrial relations act and the industrial disputes act to facilitate the smooth working of those courts and appointments of those posts are not required to be made in consultation with the maharashtra public service commission or with the high court of the ..... at his juncture, it is also necessary to mention that the maharashtra act titled as the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 was passed by maharashtra legislature and section 6 of this act enables the state government to constitute one or more labour courts and appoint persons having the .....

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. ..... 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. ..... 123a 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. .....

M/S. Subhash Silk Mills Ltd. Vs. Mill Mazdoor Sabha and Others

Court : Mumbai

Reported in : 2000(3)ALLMR424; 2000(4)BomCR226; (2000)2BOMLR639; [2000(86)FLR760]; (2000)IILLJ716Bom; 2000(4)MhLj246

..... if there was no demand, then the definition of the lock out within the meaning of the bombay industrial relations act would not be satisfied and therefore there could not be said to be a lock out as contemplated in ..... proceedings are initiated under the provisions of this act, then no proceedings can be initiated under the industrial disputes act, 1947 or bombay industrial relations act, 1947. ..... under the bombay industrial relations act it must be established that there was an element of demand and element of ..... the above background, the submissions made on behalf of the petitioners can now be examined.it is firstly contended that while considering the issue of lock out what has to be examined is the definition under the bombay industrial relations act. ..... to do justice and to arrive at a correct conclusion whether the workers were examined on behalf of themselves or on behalf of the union, all that the industrial court has done is while disposing of the complaint by the recognised union, also considered the evidence brought on record by the workmen. ..... had occasion to differentiate the view taken by a division bench of this court in maharashtra general kamgar union v. ..... apart from that section 59 would be an ..... that be so and more so considering section 32 of the m.r.t.u. & p.u.l.p. ..... counsel contends that there was no reference to the provisions of section 24(2) of the m.r.t.u. & p.u.l.p. ..... if section 24(2) is considered as also the nature of the enquiry that can be gone into under the m.r.t.u. & .....

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 achieved ..... the 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. ..... a detailed procedure which is mandatory for framing of the standing orders is given in the chapter vii of the act and section 40 finally lays down that the standing orders framed under this chapter under section 35 in respect of the employees shall be determinative of the relations between the employer and the employees in regard to all the industrial matters specified in schedule i. ..... standing orders in respect of an employer and his employees settled under this chapter and in operation, or where there are no such standing orders, model standing orders, if any, applicable under the provisions of sub-section (5) of section 35 shall be determinative of the relations between the employer and his employees in regard to all industrial matters specified in schedule i. .....

The Maharashtra State Co-operative Agricultural and Rural Development ...

Court : Mumbai Aurangabad

..... 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 ..... (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 ..... did not consider the definition of employee under section 3(13) of the bombay industrial relations act, 1946, the definition of employee under the bombay industrial relations act and the definition of workman under the industrial disputes act are almost identical. 26. ..... duties of these respondents and three out of four were posted in the category no.7 and one was posted in category no.8, by virtue of which they would fall within the definition of an employee under 3(13) of the bombay industrial relations act, 1946 and workman under section 2(s) of the industrial disputes act, 1947. .....

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

Court : Mumbai

Reported in : (1981)83BOMLR470; 1981MhLJ888

..... 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 ..... 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 ..... section 44 of the pulp act before the industrial court at bombay ..... section 22 of the bihar act, the supreme court said, was not limited as that of the industrial court or labour court under section 334 of the industrial disputes act ..... industrial court, maharashtra ..... was placed before it by both the parties and if in exercise of that jurisdiction the labour court came to a finding, then that finding was not as enable to any interference at the hands of the industrial court under section 44 of the pulp act. ..... kulkarni, the learned advocate appearing in support of the petition, that the president of the industrial court has exceeded the jurisdiction vested in him by interfering with what was essentially a finding of fact ..... 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' . .....