Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 49 composition of joint committee Court: chennai Page 1 of about 4 results (0.155 seconds)

Mrf United Workers Union Rep. by Its General Secretary Vs. Government ...

Court : Chennai

Reported in : (2009)IVLLJ685Mad

..... similarly, under the bombay industrial relations act, 1946, which applies to specific industries in maharashtra and gujarat, the recognition of the collective bargaining agent is on the basis of the larger membership arrived at on the basis of the verification. ..... this union submits that the settlement deed dated 9th may, 2009 is a settlement under section 18(1) of the industrial disputes act, 1947 (in short 'the act'), which is binding only on the parties to the settlement. ..... the industrial disputes act, 1947 has now introduced the concept of unfair labour practice and section 25-t of the act prohibits unfair labour practice on the part of the employers, workmen and also the trade union. ..... the petitioner union points out that it has been a practice to lodge such complaints to the aforesaid committee and it has pointed out that some 66 complaints have so far been referred by the unions in india to this committee, which include the complaint against the companies like hindustan lever limited, being case no. ..... the representative of the workmen on the works committee under section 3 of the act are to be elected in the manner provided under part vii of the industrial disputes (central) rules, 1951. ..... the two methods, which are presently available, are either on the basis of a ballot, which is recommended by the aforesaid committee on freedom of associations of the ilo or the method of verification of membership, which is accepted in the earlier referred to code of discipline. .....

Tamil Nadu Cooperative Bank Employees Association Vs. Registrar of Coo ...

Court : Chennai

..... the only law attempted to be enacted was the industrial relations bill, 1978 which intended to provide 65% votes as the criteria to act as a sole bargaining agent. ..... as the receipt of the said circular, the employees association sent a representation on 12.10.2012 to the registrar of the cooperative societies as well as to the commissioner of labour in his capacity as chairman of the evaluation and implementation committee, demanding that they should be recognised as the sole bargaining agent in view of the fact that they have majority of the employees, namely, 70% and they further requested not to allow other trade union or federation for ..... though there are registered trade unions, there is no special law in the state of tamil nadu (in the state of maharashtra and gujarat, there is a law compelling the employer to recognise a particular trade union as the sole bargaining agent for the purpose of dealing with the employees in the said ..... " 42.the four issues that came up for consideration before that full bench of the bombay high court was set out in para 1 of the judgment and for the purpose of this case, the first two issues framed by the full bench will be relevant and they are as follows: "(1) ..... association with enjoys majority membership of the said workers and with no other union holding that such majority union alone has the locus standi to represent the workers with regard to the industrial disputes, namely collective disputes under section 2(k) of the industrial disputes act. .....

Gordon Woodroffe Workers and Staff Union Vs. Joint Commissioner of Lab ...

Court : Chennai

Reported in : (2000)IILLJ1150Mad

..... state of maharashtra reported in : (1986)iillj113bom held that at the stage of permission under section 25-n of the industrial disputes act, any elaborate judicial or quasi-judicial enquiry is not contemplated and the very scheme of section 25-n preclude such ..... in paragraph 33, the supreme court has clearly held that in enacting chapter v-b the intention of the parliament was to alter the existing law relating to lay-off, retrenchment and closure in relation to the larger industrial establishments falling within the ambit of chapter v-b because it was felt that the existing law enabled large scale lay-offs, retrenchments and closures by large companies and undertakings and this had ..... the union therefore challenged the legality and validity of reference by way of writ petition and the said writ petition came to be rejected by the single judge of the bombay high court and, therefore, an appeal came to be preferred before the division bench and the division bench allowed the said appeal and set aside the judgment passed by the single ..... in the case of maharashtra general kamgar union (supra) which has been relied upon by the authority, there is no doubt that the bombay high court had expressed that the enquiry under section 25-n was not meant to be an elaborate ..... authority observes:'the bombay high court in maharashtra general kamgar union ..... made on behalf of the company for closure of its unit at andheri in bombay on account of continuous losses suffered by it having been accumulated. .....

Burmah Shell and Storage and Distributing Co. of India Ltd., Madras Vs ...

Court : Chennai

Reported in : AIR1957Mad60

..... jurisdiction of the tribunal,'the learned judge observed: 'the contention raised on behalf of the petitioners that there should be an industrial dispute falling within the definition of that expression in section 2(k) of the industrial disputes act, before the government can make a reference under section 10(1)(c), or the industrial tribunal can acquire jurisdiction by ..... those who assail the validity of the award passed by the tribunals functioning under the industrial disputes act must prove before the court that this preliminary basis for their jurisdiction exists; in other words, that unless the court is satisfied that the parties to a dispute stand in the relation of an employer and a workman as defined in the act, the award is null and void as lacking in an essential preliminary to the ..... in the prior proceedings, that the three categories of employees, the depot superintendent, the assistant depot superintendent and the lady secretary, came within the scope of 'workmen' as defined by section 2(s) of the act, was a decision which fell within the first category of cases to which lord esher referred, the principle of which decision was approved of by their lordships of the privy council in ..... above; see also maharashtra sugar mills v ..... bombay, ..... is open to correction may be taken as well settled law: see state of bombay v. .....

Workers employed in Thambi Motor Service, represented by the Secretary ...

Court : Chennai

Reported in : AIR1963Mad163; (1963)ILLJ497Mad; (1963)1MLJ33

..... learned counsel for the union contended that it was certainly within the competence of the government, acting as it did under section 10 of the industrial disputes act, to correct any mistaken reference made by it, and that, in any event, it had the power to make a supplemental reference, adding certain questions for adjudication in addition to the pre-existing one. ..... it was only that question that was intended to be referred to is made clear by the fact that, on two subsequent occasions, the workers made re-presentations to the government that that reference should be amended and another reference relating to the validity of the retrenchment should be substituted in that place but the government declined to accede to that request. ..... observed, 'there is no doubt that, if the first matter referred for adjudication did not touch any dispute relating to retrenchment, the addition of such an item would be within the power of the state government. ..... the question whether it is open to the government to include certain additional items for adjudication by the labour court or the industrial tribunal came up for consideration before this court in south india estate labour relations organisation v. ..... there was then a contention, based on the decision of a bench of the bombay high court in state of maharashtra v. ..... it will be apparent from the form of the question that it accepts that there was a valid retrenchment, but that the dispute to be adjudicated related only to the quantum of compensation. .....

Workmen, Rep. by Genl. Secretary Addisons Paints and Chemicals Ltd., A ...

Court : Chennai

Reported in : (1999)IIILLJ1583Mad

..... a case reported in : (1997)illj994sc , that now the government could authorise any person under section 34 of the industrial disputes act to file a complaint against the management and, therefore, according to the learned counsel, there would be no impediment in even ordering the appointment of public prosecutor or special public prosecutor, as the case may be, for conducting any ..... the learned counsel, however, relies on the provisions of section 34 of the industrial disputes act and the interpretation thereof by the apex court in the decision raj kumar gupta ..... though haltingly, the learned counsel for the petitioner tried to suggest that the question involved related to labour laws and, therefore, a person having specialised knowledge of the labour jurisprudence would be in a better position to conduct the prosecution, it will be very unfair on my part to say that the government counsel would not be able to ..... decision is of no use to the petitioner as there is no such parallel rule 22 in case of tamil nadu and on interpretation putforth by the division bench of the bombay high court, the supreme court has found it unreasonable and constitutionally invalid in the decision reported in mukul dalai v. ..... state of maharashtra , relying on rule 22 of maharashtra law officers (appointment, conditions of service and remuneration) rules, 1984, had held that where a private complainant is prepared to pay the legal fees for engaging such a private counsel even in the prosecution at the behest .....

Spencer Group Aerated Water Factory Employees' Union and anr. Vs. the ...

Court : Chennai

Reported in : (1997)ILLJ362Mad

..... service under the new employer are less favourable than those applicable to such workman immediately before the transfer, then his right is only to claim the notice-pay and compensation under section 25ff of the industrial disputes act and he cannot urge that he continued to be the workman of the transferor employer even after the undertaking was transferred to the new employer under whom he worked from the date ..... the objects and reasons for this amending act are as follows :- 'in a judgment delivered on november 27, 1956, the supreme court held that no retrenchment compensation was payable under section 25ff of the industrial disputes act, 1947, to workmen whose services were terminated by an employer on a real and bonafide closure of business, or when termination occurred as a result of transfer of ownership from one employer to another ..... on july 17, 1991, the second respondent company wrote to the labour officer giving the facts relating to the transfer of undertaking to the third respondent and also informing the labour officer that all the 170 workmen were carrying on their work ..... c (south maharashtra) ltd & ..... association of engineering workers, bombay & others : (1987)illj427sc the supreme court relied on the earlier judgment in ..... (sc) the transfer of the employees from the management of a firm consisting of the members of a joint hindu family to a company formed by the said members was covered by an agreement which completely satisfy the proviso to section 25ff of the i.d. .....

Tamil Nadu Atomic Power Employees Union Vs. Nuclear Power Corporation ...

Court : Chennai

Reported in : (2001)IILLJ192Mad

..... union opposed the proposed change through their letter dated may 6, 2000, that a strike notice was also marked to the conciliation officer, that in such circumstances, by virtue of the operation of section 20(1) of the industrial disputes act, the conciliation deemed to have commenced, that by a notice dated may 8, 2000, the conciliation officer initiated conciliation proceedings by calling upon he parties to come for conciliation on may 11, 2000, ..... counsel contended that the impugned order being an administrative order under section 12(5) of the industrial disputes act, and whensection 9-a of the industrial disputes act has been fully taken care of the order impugned in the ..... it is claimed that the change in the shift pattern was sought to be introduced after issuing necessary notice under section 9-a of the industrial disputes act, that by virtue of the revised pattern sought to be introduced, the same would not involve any drastic change nor in the payment of the night shift allowance, that in ..... the order of the first respondent dated july 26, 2000, in and by which, the first respondent declined to refer an issue relating to the change in the shift pattern of the workmen of the second respondent as raised by the petitioner for adjudication on the ground that the said change was sought to be introduced by the second respondent after due notice under section 9-a of the industrial disputes act.2. ..... maharashtra ..... bombay : (1959)illj479bom bombay ..... state of bombay : (1964)illj351sc national .....

Tamil Nadu Atomic Power Employees' Union, represented by Its Secretary ...

Court : Chennai

Reported in : (2001)1MLJ608

..... making it till morning result, and(e) slowdown response, logical analysis and warning of alertness, etc.it is claimed that the change in the shift pattern was sought to be introduced after issuing necessary notice under section 9-a of the industrial disputes act, that by virtue of the revised pattern sought to be introduced, the same would not involve any drastic change nor in the payment of the night shift allowance, that in the course of conciliation, when ..... that the petitioner union opposed the proposed change through their letter dated 6.5.2000, that a strike notice was also marked to the conciliation officer, that in such circumstances, by virtue of the operation of section 20(1) of the industrial disputes act, the conciliation deemed to have commenced, that by a notice dated 8.5.2000, the conciliation officer initiated conciliation proceedings by calling upon the parties to come for conciliation on 11.5.2000, that when the proceedings ..... writ petition is to the orders of the first respondent dated 26.7.2000, in and by which, the first respondent declined to refer an issue relating to the change in the shift pattern of the workmen of the second respondent as raised by the petitioner for adjudication on the ground that the said change was sought to be introduced by the second respondent after due notice under section 9-a of the industrial disputes act.2. ..... maharashtra ..... of bombay : air1959bom390 , bombay union ..... state of bombay : (1964)illj351sc , national union of commercial .....

Ennore Port Limited, Vs. Hcc Van Oord Acz Joint Venture, and ors.

Court : Chennai

..... the bombay high court in maharashtra industrial development corporation limited v. ..... delayed payment of the amount due and payable, no interest would be payable, still however, if the arbitrator has passed an award granting interest, it would be against the terms of the contract and thereby against the provision of section 28(3) of the act which specifically provides that 'arbitral tribunal shall decide in accordance with the terms of the contract'.12. ..... the tribunal made the following award :"13.0 award of tribunal :under the circumstances and considering all arguments by both the parties and on the basis of the conclusions as stated above, the tribunal finds that section 5 relating to whole of the works substantially completed on 01.06.2001. ..... and others reported in 2009 (5) ctc 264, the supreme court has traced the position of law relating to award of interest for the three periods namely, pre-reference period, pendente lite period and future interest and in considering the 1996 act held that this act recommended only two periods and makes the following provisions: "a. ..... however, section 3(3) makes it clear that nothing in this section shall apply in relation to any debt or damages upon which interest is payable as of right by virtue of any agreement or any debt or damages upon which payment of interest is barred by virtue of an express agreement. .....