Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 38 no alteration in standing orders for one year Page 1 of about 585 results (0.074 seconds)

Rajya Pariwahan Yantrik Kamgar Sanghatana Vs. Regional Manager, Mahara ...

Court : Mumbai

Reported in : 1990(1)BomCR467

..... these workshops are, therefore, governed by the bombay industrial relations act and it is, therefore, obligatory on the part of the respondent to give notice under section 42 of the bombay industrial relations act before bringing a change as laid down in the impugned circular.the corporation has principally engaged to render public passenger transport ..... besides this, there is no recognised union either under bombay industrial relations act or under the maharashtra recognition of trade unions and prevention of unfair labour practices act. ..... moreover, the government by notification dated 8-5-1957 by exercising power under section 13-b of the industrial employment (standing orders) act 1946, notified the regulations in that behalf. ..... this court has held that notice in compliance of section 9-a of the industrial disputes act is necessary for change in timing of hours of work and rest-interval must be regarded as a condition of service.the government by notification dated 12-3-1951 in exercise of the power under clause (b) of the proviso to section 9-a of the industrial dispute act, has notified the regulations admittedly, alteration in working hours are brought in pursuance of powers conferred on this respondent under clause 54 of the ..... these employees have been working from thursday to monday during 7.30 to 17.00 hours (one hour lunch brake, thus for 8 hours, a day) and on tuesday during 7.30 to 13.30 hours (half hour brake-thus 5 hours ..... have enjoyed the same since last more 25 years. .....

Gangaram Atmaram Vishwasrao Vs. the National Textile Corporation (Sn) ...

Court : Mumbai

Reported in : 1996(1)BomCR465; (1996)ILLJ1029Bom

..... in anjani kumar's case (supra), this court held that, because of the provision of section 40-a of the bir act, model standing orders made and notified by the state government in respect of any additional matter included in chapter i of the bir act or any alteration made in schedule i on and after the date of commencement of bombay industrial relations (amendment) act, 1977, shall, unless the said model standing orders are held by the commissioner of labour to be less advantageous to the employees than the corresponding certified standing orders applicable to them, also apply ..... model standing order 4-c added in schedule i to the bombay industrial employment (standing orders) rules, 1959, framed under the provision of the industrial employment (standing order) act, 1946, reads as under :- '4-c. ..... 60 of 1986 before the industrial court, maharashtra, bombay, under section 84 of the bombay industrial relations act, 1946 (hereinafter referred to as 'the bir act'). ..... the industrial court appears to have framed the following points for its determination and answered them as under :- '1) does the complainant (petitioner) prove that the respondent has shown favouritism or partiality to one set of workers regardless of merits within the meaning of item 5 of schedule iv of mrtu and pulp act 2) does the complainant prove that the respondent employs the employees as badly/casual and temporary and continue them as such for years with the object of depriving them .....

Municipal Corporation of Gr. Bombay Vs. General Secretary, BEST Worker ...

Court : Mumbai

Reported in : 2008(6)BomCR479

..... act the existing settled standing order should be altered after the applicant union and the management undertaking finalise the draft for inclusion at the appropriate place in the existing settled standing orders and submit the same for settlement under section 39(1) of the bombay industrial relations act, 1946.11. ..... that where the punishment imposed in one of discharge or dismissal, the employee shall have a right of second appeal to the general manager or any other officer duly authorised by him and notified, provided that such appeal is lodged within 14 days of the receipt in writing of the order in the first appeal as aforesaid.at the hearing of any appeal provided for under this standing order, the employee concerned may be represented by his representative under section 30 of the bombay industrial relations act, 1946, or any person of his choice ..... of the outdoor staff of the traffic department being sent to school for a period not exceeding one day at a time for each separate act of misconduct; or(d) being suspended for a reasonable period not exceeding three months depending upon the gravity of the offence, by an order in writing signed by the competent authority; or(e) being demoted and/or reduced in grade; provided that in cases where the punishment of reduction in grade is in excess of two years, the general manager or any officer duly authorised and notified ..... 96 of 2003 before the industrial court, maharashtra state. ..... state of maharashtra) reported in : air1999sc3734 . .....

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 ..... a registered agreement or a submission, settlement or award made under this act;(d) all questions of what is fair and right in relation to any industrial matter having regard to the person immediately concerned and of the community as a whole;under section 31(1) every employer must submit for approval to the commissioner of labour in the prescribed manner standing orders regulating the relations between him and his employees with regard to the industrial matters mentioned in schedule i within six weeks from the date of ..... relevant definitive clauses in section 3 are:(8) 'change' means an alteration in an industrial matter;(13) 'employee' means any person employed to do any skilled or unskilled work for hire or reward in any industry, and includes-(a) a person employed by a contractor to do any work for him in the execution of a contract with an employer within the meaning of sub-clause (e) of clause (14);(b) a person who has been dismissed, discharged or retrenched or whose services have been terminated from employment on account of any dispute relating to change in respect ..... who is dismissed would be an employee within the meaning of section 3(13) of the act and we can see no valid reason for differentiating the case of a dismissed employee from one who complains of some other change. .....

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

Court : Mumbai

Reported in : 2000(4)BomCR811

..... 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. ..... the deputy registrar of co-operatives societies under the maharashtra co-operative societies act, 1960 (hereinafter referred to as ddr) appears to have issued directions to the petitioner bank to frame service regulations for the bank employees in exercise of his powers vested in him under rule 8(a) of the maharashtra co-operative societies rules, 1961. ..... of legislation enacted in the year 1946 which takes in its contemplation almost all the creases to be ironed out first jointly and mutually by the employers and the employees represented by the representative of 'employees' a trade union statutorily recognised for the first time to act as a representative union for the notified industries in a defined local area; in case of their failure to arrive at a bilateral agreement the parties can approach the state machinery provided under the act, such a conciliation proceedings and ..... the petitioner bank could not have altered or modified or effected any change even beneficial to the employees without giving a notice of change under section 42(1) of the act. .....

Anjani Kumar Co. Ltd. Etc. Etc. Vs. (Smt.) Manubai Kashinath Etc. Etc.

Court : Mumbai

Reported in : [1989(59)FLR172]; (1990)ILLJ316Bom

..... notified in the official gazette by the state government from time to time, in respect of any additional matters included in the schedule i, or any alteration made in that schedule, on or after the date of commencement of the bombay industrial relations (amendment) act, 1977, shall unless such model standing orders are held by the commissioner of labour to be less advantageous to the employees than the corresponding standings orders applicable to them, also apply in relation to such employees in the undertakings in respect of which standing orders have already been settled under section 35.'7. ..... the complaints were finally disposed of by a common judgment by the learned member of the industrial court on october 20, 1982 holding that there was amendment to the model standing order on october 16, 1981 by the government of maharashtra which was applicable to the workmen of the petitioner which was not implemented by the petitioner at the time of suspension of the two first respondents in both the petitions and, therefore, the petitioner committed ..... section 38 speaks in terms of no alteration to be made in the standing orders which are settled under sub-section (2) of section 35 which had not been appealed against for a period of one year ..... as the question of law as to the interpretation of section 40a of the bombay industrial relations act, 1946 (hereinafter referred to as 'the act') is involved in these writ petitions, they are heard together and are being disposed of by this common .....

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

Court : Mumbai

Reported in : [1979(39)FLR89]

..... the 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. ..... 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. ..... the order itself, provides that the appointments shall automatically stand terminated on february 29, 1980 unless they are continued further in consultation with the maharashtra public service commission. ..... section 85-a of this act enables the industrial court to transfer any proceeding pending before one labour court to another and general superintendence on the working of the labour courts. ..... 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 prescribed qualifications. .....

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. ..... 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. ..... 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. ..... 227 of the constitution is directed against an order of the assistant commissioner of labour, nagpur, dated 3 january, 1966, whereby the preliminary objections raised by the petitioner were overruled. 2. ..... he is only doing something which the law does not forbid; and if a law were passed forbidding people to wear spectacles, everybody would stand in precisely the same position whether they had in fact been wearing them before the act or not. ..... every one has a right to wear spectacles, for instance, but he does not acquire a right to wear them by the fact that he does wear them. .....

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

Court : Mumbai Aurangabad

..... 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. ..... for industries are laid down by standing orders certified under the industrial employment (standing orders) act, 1946, and it has been held that, though such standing orders are binding between the employers and the employees of the industry governed by those standing orders, they do not have such force of law as to be binding on industrial tribunals adjudicating an industrial ..... 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. ..... registrar cannot entertain a dispute relating to alteration of conditions of service of the employees if a registered society; but the meaning given to the expression "touching the business of the society", in our opinion, makes it very doubtful whether a dispute in respect of alteration of conditions of service can ..... would be very harsh to cause a recovery of the said amounts from the persons who are about 80 years old or from the legal heirs of the deceased-respondent who can neither be blamed, nor be faulted .....

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. ..... , the question as to whether the order of dismissal was justifiable or not was within the competence of the labour court to decide on the basis of the material which 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. ..... industrial court, maharashtra, 1970 lab.i.c ..... 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'. ..... 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' . .....