Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 44b certain settlements deemed to be agreement Page 1 of about 34 results (0.030 seconds)

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. ..... the bombay industrial relations act is an act passed by the state legislature to regulate the relations of employers and employees, to make provision for settlement of industrial disputes and to provide for certain other purposes. ..... 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 state. ..... this sub-section also provides that every inquiry of investigation by the labour court shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code. ..... sub-section (8) of section 11 provides that every labour court shall be deemed to be a civil court for the purposes of sections 480, 482 and 484 of the code of criminal procedure 1898. .....

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. ..... 434 of jahiruddin case : (1966)illj430sc itself, that the rights claimed by the respondent for reinstatement and payment of back-wages arise under the provisions of the industrial disputes settlement act and, therefore, they are rights accrued to the workmen under that act and must be deemed to have been saved by clause (c) of s. ..... it was clear from the statement of facts at the commencement of the decision, that services of certain employees were at first terminated and then the labourers went on a strike and this strike was continuing even after the central act of 1947 came into force. ..... the limitations in the two acts and the forums prescribed therein are somewhat different, but the proper way to distinguish the two sections would be by saying that certain provisions therein are variant. ..... the right of reinstatement and back-wages which is being claimed by the respondent is obviously not a 'mere right' of that kind which was or could be available to any member of the community provided he fulfilled certain conditions. ..... certain variations may not amount to inconsistencies while some others may amount to inconsistencies. .....

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 basic philosophy of the act is 'industrial relations' between the employers and the employees. ..... 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. ..... 360 has observed the essence of the said item as under :'it is an implied condition of every agreement including a settlement that the parties thereto will act in conformity with the law. ..... act is obviously to regulate relations of employers and employees and to make provision for settlement of industrial disputes and to provide for certain other purposes. .....

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. ..... certificate granted by the registrar under sub section (1) or (2) of section 101 or sub section (1) of section 137 or the recovery proceeding of the registrar or any officer sub ordinate to hi m or an officer of society notified by the state government, who is empowered by the registrar under sub section (j) of section 156, or any orders, decisions, awards and actions of the registrar against which an appeal under section 152 or 152 a and revision under section 154 of the act have been provided shall not be deemed to be a dispute for the purposes ..... in appeal, this court held that the civil judge acted without jurisdiction in entertaining the suit, ignoring the mandatory provisions of section 91 of the act and it was held that the dispute was certainly within the ambit of section 91(1)(a) in as much as it was a dispute "touching the business of the society" between the ..... was not part of the persons who were beneficiaries of benefits gained by the workmen being party to the settlement entered between the management and the workmen. .....

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' . .....

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

Court : Mumbai

Reported in : (2009)IILLJ586Bom

..... said section 3(5) covers status of complainant under the industrial disputes act, 1947 as also under bombay industrial relations act, 1946. ..... : (1979)iillj194sc to state 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. ..... however, in the impugned order, the learned member, industrial court, has made certain adverse observations in relation to the claim made in that application and he requested this court to set aside those observations.4. ..... 2853/2007 challenging the very order contending that the learned member, industrial court has made certain observations on the merits of the controversy in that order. ..... as against this, shri kumar, 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. ..... basically, it is sought to be urged that the learned member, industrial court has made certain observations about bar of the limitation and as the industrial court has ultimately found that the employee was not workman/employee and it had no jurisdiction, those observations were not necessary.2. .....

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 (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. ..... once it is accepted that representative union under the bombay act is the sole bargaining agent for the entire industry and that mushrooming of unions is to be avoided for industrial harmony and peace and in the national interest and that the bombay act and the mrtu and pulp act have to be read together as they complement each other, then the words 'union recognized under the bombay act' found in section 73bb will have to be understood as union registered as representative union under the bombay act. ..... under section 3(6), 'employer' in relation to an industry to which the bombay act applied means an employer defined in section 3(14) of the bombay act. ..... section 3(1) thereof states that the bombay act means the bombay industrial relations act, 1946. ..... the preamble to the bombay act states that it was enacted because it was expedient to provide for the regulation of the relations of employers and employees in certain matters, to consolidate and amend the law relating to the settlement of industrial disputes and to provide for certain other purposes. .....

Ashrafinath R. Yadav and ors. Vs. National Textile Corporation and ors ...

Court : Mumbai

Reported in : 2002(3)BomCR352; (2002)1BOMLR115; [2002(92)FLR1109]; 2002(1)MhLj487

..... respondents did not accede to the demand made by the petitioners to make them permanent, the petitioners filed an application under the provisions of bombay industrial relations act, 1946, complaining that the respondents had committed an illegal change claiming permanency. ..... on 14th february 1995, the respondents, gave notice of change under the provisions of bombay industrial relations act for introduction of voluntary retirement scheme in some departments. ..... urges that inany event the bar under section 59 will operate and the complaint is liable to be dismissed, in view of the fact that the petitioners had actually approached the labour court under the bombay industrial relations act.7. ..... reply was filed by the 1st respondent in form of an affidavit of the production manager wherein he admitted the existence of an agreement between rashtriya mill mazdoor sangh and the respondents which states that 85% of the muster strength in the processing department works out to ..... that the petitioners were entitled to the reliefs as the respondents had committed breach of settlement in existence between the respondents and rashtriya mill mazdoor sangh. ..... petition challenges the order of the industrial court dismissing a complaint filed by the petitioners under item 9 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. ..... upon judgments of this court reported in national textile corporation south maharashtra ltd. v. ..... maharashtra state co- .....

Ambika Silk Mills Co. Ltd. and Another Vs. Maharashtra General Kamgar ...

Court : Mumbai

Reported in : 1998(2)ALLMR609; 1998(2)BomCR148; [1998(79)FLR1]; (1999)IIILLJ1095Bom; 1998(1)MhLj568

..... here to mention that the maharashtra general kamgar union, though is neither representative nor approved union under the bombay industrial relations act, 1946, filed a complaint of unfair labour practice under section 28 read with item 9 of schedule iv of the mrtu & pulp act against the employer company in the industrial court on 10-12-1986. ..... act and also violative of provisions of agreement/settlement dated 3-8-1985 and, therefore, the termination of the workmen was non est, illegal, inoperative and the employer company be directed to reinstate the workmen whose services have been terminated by the notice dated 6-1-1987 and pay them full back wages as per agreement/settlement dated 3-8-1985 until their services were lawfully terminated ..... removal of doubts, it is hereby declared that nothing contained inthis chapter shall be deemed to affect the provisions of any other law forthe time being in force in any state in so far as that law provides for thesettlement of industrial disputes, but the rights and liabilities of employersand workmen in so far as they relate to lay-off and retrenchment shallbe determined in accordance with the provisions of this chapter ..... the mrtu & pulp act was enacted to provide for the recognition of trade unions for facilitating collective bargaining for certain undertakings; to state their right and obligations; to confer certain powers on unrecognised unions; and to define and provide for the prevention of unfair labour practices; and to constitute .....

State of Maharashtra Vs. Labour Law Practitioners's Association

Court : Mumbai

Reported in : 1988(2)BomCR16; (1987)89BOMLR120; [1987(54)FLR732]; 1987MhLJ191

..... 1947, the bombay industrial relations act, 1946 and the maharashtra recognition of trade union and prevention of unfair labour practices act 1971.2. ..... any law for the time being in force; or (d-2) he holds a degree in law of a university established by law in any part of india and is holding or has held an office not lower in rank than that of deputy registrar of any such industrial court or tribunal for not less than five years; or(d-3) he holds a degree in law of university established by law in any part of india and is holding or has held an office not lower in rank than that of assistant commissioner of labour ..... sub-section (1) of section 7 authorises the state government (the appellant) to constitute one or more labour court for the adjudication of industrial disputes relating to any matter specified in the second schedule to that act sub-section (2) of section 7 provides that the labour court shall consist of one person to be appointed by the appropriate government. ..... section 9 of the bombay industrial relations act constitutes labour court for the purpose of deciding the disputes set out in section 78 of that act. ..... this phrase implied that a certain content of the judicial power of the state was vested in the tribunal and it was called upon to exercise it. ..... by courts was meant the courts of civil judicature and by tribunals those bodies of men who are appointed to decide controversies arising under certain special law. .....