Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 47 employer to make change etc within certain time Page 1 of about 703 results (0.079 seconds)

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

..... the new act was described as an act 'to extend the bombay industrial relations act, 1946 throughout the state of maharashtra and for that and for certain other purposes further to amend that act, and to repeal corresponding laws in force in any part of ..... 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 of which a notice is given or an application made, under section 42 ..... we set aside the order of the high court, allow the appeal and quash the orders of the labour court and the industrial court but do not make any order for consequential relief, in view of the solemn assurance given to this court by mr. ..... section 84 an appeal lies to the industrial court against the decision of a labour court in respect of a matter falling under clause (a) or clause (c) of paragraph a of sub-section 1 of section 78 except in the case of lock-out etc or a decision of such court under paragraph c of sub-section of the said section ..... the act suffered numerous amendments from time to time until 1965 when maharashtra act 22 of .....

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

Court : Mumbai

Reported in : [1979(39)FLR89]

..... 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 ..... 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. ..... 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 ..... confers extensive jurisdiction on it to issue writs to keep all tribunals, including in appropriate cases the governments, within bounds and gives to it the power of superintendence over all courts and tribunals in the territory over which it ..... court subordinate thereto or in any industrial court, tribunal or labour court constituted under any law for the time being in fore; or (c) 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 or of assistant .....

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. ..... 112 of the madhya pradesh industrial relations act, 1960, and held that the right of the petitioner-workman was not an accrued right within the meaning of the saving provision in clause (b) of the proviso of s. ..... perusal of these clauses would show that there was nothing therein to warrant the submission on behalf of the petitioner that the right, privilege, obligation or liability mentioned in clause (c) could arise, accrue or incur only on an employee or employer doing 'some kind of activity' in the shape of an application under s. ..... giving slightly wider powers to a forum under the bombay act than what the tribunal under the central provinces act had, would only make some variation, but that is not a matter in inconsistency or irreconcilability. ..... 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. ..... 78(1) d of the bombay act; (c) there was no mention of a strike, lockout or illegal change in s. .....

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

Court : Mumbai

Reported in : 2000(4)BomCR811

..... 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 ..... make an application to the labour court (and as respect change desired in any industrial matter specified in item (5) of schedule iii, to the industrial court) : provided that no such application shall lie unless the employee (or a representative union) has in the prescribed manner approached (the) employer with a request for the change and no agreement has been arrived at in respect of the change within the prescribed period.as far as schedule i is concerned it enumerates 14 industrial ..... time after the expiry of the said period of two months, any employer or employee again desires the same change or a change similar in all material particulars, he shall give fresh notice in the manner provided in sub-section ..... matters from classification of employees to termination and also re-employment of the employees, including the mode of punishment etc .....

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

Court : Mumbai Aurangabad

..... 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 ..... employer within the meaning of sub-clause (e) of clause (14); (b) a person who has been, 5[dismissed, discharged or retrenched or whose services have been terminated,] from employment on account of any dispute relating to change in respect of which a notice is given or an application made under section 42 whether before or after his 6[dismissal, 6[dismissal, discharge, retrenchment or, as the case may be, termination from employment]; 7[but does not include- (i) a person employed ..... allowances for subordinate staff, (6) conveyance charges, (7) provident fund and gratuity, (8) leave rules, (9) joining time on transfer, (1) rules relating to departmental enquiry against employees for misconduct, (11) probationary period and confirmation, (12) working hours and overtime allowance ..... 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 ..... 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 .....

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. ..... 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' . ..... chandranath, : (1969)iillj387sc , is of no assistance because section 22 of the bihar shops and establishments act, 1954 gave jurisdiction to the labour court to hold after itself recording evidence, that the employee 'was not guilty of any misconduct as held by the employer'. ..... kulkarni was constrained to admit that the theft had been in fact committed during the time when the petitioner was on duty. ..... kulkarni, 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. ..... the petitioner was at the relevant time working with the first respondent, hereinafter referred to as 'the respondent', as a watchman. ..... kulkarni for some time during the course of his argument because he more than once told me that the theft had been committed when the petitioner was not on duty. .....

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. ..... 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. ..... attend to plant break down and repairs at minimum time and within specified targets in the above area.c. ..... 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. ..... attending maintenance of plant service like compressors, lighting etc, in the above area.d. ..... attending maintenance of services like telephones, air conditioners etc. ..... i say that during the course of my working the respondent-company till the filing of present complaint, i have not received any memo, charge sheet, etc. .....

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

Court : Mumbai

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

..... 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. ..... will not make difference to the result of this case because as stated by this court in bank karmachari sangh's case (supra), the membership criterion for representative union under section 13 is membership of not less than 25% of the total number of employees employed in any industry and not in any industrial undertaking in the industry and as long as this criterion is fulfilled the representative union is entitled to act on behalf of all employees in the industry as the ..... analysis of this section, it is clear that provisions of chapter iii do not apply to undertakings in industries to which the provisions of the bombay act for the time being apply and provisions of chapter iii apply to an undertaking wherein fifty or more employees are employed or were employed on any day ..... in babaji garad's case (supra) where the supreme court was considering section 73b of the mcs act which provides for reservation of seats on committees of certain societies for scheduled tribes, other backward classes, etc. ..... the 3rd respondent employer ignored the said notice of change presumably under the erroneous impression that nothing need to be done ..... union on the ground that petitioners 2 and 3 are working in the grade of junior officer and they are not employees within the meaning of the bombay act. .....

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

..... the 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. ..... that 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. ..... were superannuated and the posts have not been abolished, by following the procedure under bombay industrial relations act. ..... also 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. ..... however, only 110 permanent employees were employed during the period of 1992 to 1993 when the complaint was ..... writ 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. ..... the petitioners are employed as badli workers in new hind textile mills, which is taken over by the 1st ..... admitted that only 110 workmen were employed as permanent employees. ..... petitioners complained that although there were vacancies in the processing department as the muster strength was 146, only 110 workmen were employed. .....

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

..... would be relevant 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. ..... argument that a party should not be made to suffer simply on account of failure on the part of a statutory authority to dispose of review application within a time frame and thereby rendering it infructuous, is not tenable because after expiry of the said time frame of one year, the party aggrieved has a right to make a fresh application by incorporating all the material factors germane for consideration of its application for permission to close. ..... 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 courts in ..... act applies remains unfettered and that right of the representative union is not changed by reason of the fact that proceedings have been adopted under the mrtu & pulp act ..... decision made by the state government on the question of closure of an industrial unit cannot but bring about serious consequence affecting productivity, employment opportunities etc. .....